
^1 



Glass L Id ^ 

Book ' y^ 39 



i' ■ l-l- I II I II ill I I I I I ■1 1,1 



REPORT 



OF THE 



COMMITTEE APPOINTED 



TO ENQUIRE INTO THE 



CAUSES OP THE DISTURBANCES 



AT THE 



^i2ii^ m^ (^(^^mm^mm'Ei'^^ 



HARRISBURG : 

BOAS & COPLAN PRINTERS, 

1839. 









REPORT 



OF TH3 



COMMITTEE APPOINTED 



TO ENQUIRE ENTO 



THE CAUSES OF THE DISTURBANCES 



AT THE 



m^'^ ^m ©®vi2®si^iasr^9 



In Deceoiber, IS3S. 



@< 



Mr. SKOTVDEX-Cliairmais. 



&EAD IN THE HOUSE OF REPRESE>^TATIVES, JUNE 18, 1839. 



HARRISBURG: 

BOAS & COPLA^' PKIXTERS* 



4- 



1839. 






'13 



«;? 



■^'£>' sS 



0^ 
or 
cr? 



HEPORT. 

Mr. Snowden, from the committe to whom was referred an in- 
quiry into the origin of the difficulties which took place at the sea;t 
of government in December last, and the necessity for the employ- 
raent of the military, together with all the facts connected therewith, 
beg kave to submit the following 

REPORT^ * 

That pursuant to the power given them by the House, they hav€ 
examined a number of witnesses in relation to the subject committed 
to their charge. The testimony taken and appended to this report, 
exhibits very clearly the true origin of the difficulties which took 
place at the seat of government in December last, and which threat- 
ened the overthrow of our republican institutions. 

The late general election was an exciting and interesting one. The 
administration th«n in power, never had received the sanction of a 
majority of the people of the state. It came into existence in con- 
sequence of a division in the democratic, party, and sought to per- 
petuate that existence by every possible means which its power and 
patronage -could bestow. The contest was emphatically one between 
the people and a corrupt minority administration. It was a struggle 
of the minority against the majority; and however startling the an- 
nunciation must be to every true American, yet the advocacy of this 
principle* by wicked and designing men, is the true and legitimate 
source of all the disturbances which recently convulsed our beloved 
commonwealth. 

The result of the late election exhibited the triumph of republi- 
canism over bank aristocracy and federal antimasonry. The ballot 
boxes proclaimed that the people had triumphed. That party, how- 
ever, which arrogates to itself the name of " whig''^ openly and 
shamelessly announced their determination to " treat the election as 
if they had not been defeated.'''' That extraordinary manifesto, 
emanating from one, then hi^k in office, affords a clue to the whole 
of their subsequent proceedings, which, if wccessful, would have 
prostrated the fair fabric of republican liberty, founded upon the 
blood and treasure of our glorious ancestors. That sound principle, 
the rig^t of the majority to govern, which constitutes the basis of 
our free institutions would have been obliterated and trodden under 
foot, and our government ceased to be a republic. 



But we will pass on to notice briefly, the facts and circumstances' 
which bear upon the inquiry under consideration. The testimony 
has more immediate reference to the county of Philadelphia, inas.« 
snuch as there existed a fixed determination by the federal party to 
defraud the people of that county of their true representatives, and 
place in their stead, men who had been defeated by the public will at 
the ballot boxes. The evidence clearly exhibits the frauds they re- 
sorted to before the election, at the time of the election, and ofter the 
election. We will s;tate a few of them as briefly as possible, em- 
bracing the most prominent and atrocious. 

I. Fictitious names were placed on the registry, together with 
the names of non-residents in the respective wards by whig officers, 
and names were added to the registry by them after the time fixed 
by lam for so doing had expired. These facts are abundantly sub- 
stantiated by the tesiimony. of Thomas Doyle, William Piersol, John 
Miller Joseph W. Blight, and others, and also by the record of ttie 
court of common pleas hereto attached, which in connexion with the 
evidence proves, that the whig officers had placed three hundred and 
sixty-two fictitious names upon the registry in the first ward. Spring 
-Garden ; and when assembled to- correct the registry, although re- 
quested at the time pointed out by law so to do, refijsed to mark the 
letter " C" to their names to indicate that their right to vote would 
be challenged at the polls. The court, however, after full hearing, 
directed the letter " C" to be marked to their names, and it appears 
by the testimony of John Martin, that but two or three persons voted 
in the names of these persons. It these judicial proceedings had 
however, not been instituted, and the progress of the fraud, thus in 
this instance legally arrested, there can exist not a doubt, but that 
other persons would have voted in the names of these thus fraudu- 
lently registered. 

II. Federal officers of the election, treated the sacred obligations 
of an oath with the most deliberate and startling indifference, and 
unblushlngly proclaimed their intention, previous to the election, "to 
CHEAT." In corroboration of this fact, your committee refers to the 
testimony of John Miller, who fastens this revolting declaration upon 
Bela Badger, one of the federal judges. This is confirmed by iha 
testimony of John Abraham, who swears that he heard George HcEck- 
er, a federal officer of the 5th ward, N. L., openly declare " thai 
Naylor would have a majority of two hundred in that ward, and if 
there was not, he would make it, and more too, and that if Mr. In- 
gersoll had two hundred majority, he could not be elected !" See 
also, the testimony of Joshua S. Fletcher, of Moyameasing, who 
heard Dr. Michael F. Groves the federal inspector of that district say, 
"that he was up .^or the highest bidder," and afterwards said, "the 
-democratic county ticket is to be defeated." Witness asked "in 
what manner?" The inspector of the election said, ''you will hear — 
we have made arrangements^ and tli£ democratic county ticket must 
be defeatedo^^ 



III. Bribes were offered and paid to change the result of the poils. 
Head the testimony of Isaac Abraham jr. constable of the 7th ward 
Morthern Liberftes, who swears that Bela Badger, the federal return 
judge of the Northern Liberties, paid \\\m fifty dollars as a reward, to 
reduce the democratic miijority in that ward, and promised him two 
hundred dollars^ if he would reduce it fifty votes. Badger further 
''furnished him with a number of tickets headed by Ritner for Gover- 
nor, and Nay lor for Congress, with instructions to palm them after 
dark, upon his democratic friends who could not read, and for this 
purpose he, Badger sent men into the ward, in the eveninsj to put 
out the light sV^ The fact of this bribe having been actually paid, is 
corroberated by the testimony of Darie'l M. Leisenring, a witness who 
was examined at the instance of the rmaority ot the committee, who 
swears that Badger admitted the fact, in his presence. As to the fact 
that bribes were offered, see the testimony of Joshua S. Fletcher, who 
states that "Michael P. Groves, the federal inspector of Moyamen- 
sing, told him, that lie (Fletcher) should have fifty dollars, if he 
would act with the inspector, and have ten dollars if he would go in 
the election house and act as clerk. Groves said "they had three 
thousand dollars to carry on the elections in the county, and with 
it they could make something out of it." 

IV. Hordes of individuals, under the pretext of being officers 
iopreservi the peace, were employed and stationed near the re^pec 
five election houses, ivith the view of intimidating the democrats 

from the ^ree exercise of the right of suffrage. We refer, upon 
this point, to the testimony of D. Hotz, who states, that he saw five 
hundred clubs or maces, each two and a half feet in length, and one 
and a half inches in thickness, in James street, provided by the feder- 
al Sheriff, for use upon the election ground. Also, to the testimony 
of Charles Thompson, who states, that John Conrad, Mayor of the 
Northern Liberties, ofl>3-i'ed him one hundred dollars, if he "would stow 
away one hundred men for him." Which, however, the witness in- 
dignantly rejected. See also, in the testimony of John G. Watmough 
the Sheriff, where he admits, he had about five hundred men employ- 
ed,; and the mayor of the Northern Liberties, in his examination, 
also admits, he had about one hundred men employed, armed wicb 
aiaces, besides these, a number of young men from the city, acquain- 
tenances of his sons, volunteered their services, on the night of the 
election. 

V. Tickets were taken from the boxes,- before the close of the 
polls, and before any canvassing took place. In support of this alle- 
gation, we refer to the testimony of Danie) Hot^, who swears, that he 
was at the first ward, Spring Garden, on the day of the election, that 
lie then and their saw a Mr. Rowan, a federal clerk in that ward, 
thrust his hands into the Governor and Conj^ress boxes, and upon 
being delected, returned his hand into his coat pocket, and refused 
all explanation. 

VL In other districts, tickets were thrown info the boxes and 
tountedj which had never been deposited in the legal manner, % 



qualified voters. In support ©f this fact, your committee refer to 
the testimony of George M. Whartnoby, who swears, that he saw 
Banks, the federal deputy sheriff, on the morning, of the election, pick 
up^a parcel of uckets, and when the officers backswere turned, raise 
his hand over the boxes and drop into the assembly box. Also, to 
the testimony of M. D. Wartman, who states, that he saw an indi- 
vidual named Stout, a federal officer of the third ward, Spring Gar- 
den, pick up a quantity of tickets, and throw them on the pile of whig 
tickets,. and that they were opened and counted. 

VII. Blank naturalization papers were filled up without the sane" 
tion of the Court. Your committee refer to the testimony of Michae^ 
Cochran, who refused a detailed explanation of this subject upon the 
plea that it \vou\^ cnminate himself and friends. Thus virtually ac* 
knowledging the commission of frauds. Also the testimony of John 
Lewis, who heard Cochran admit the above fact. 

VIIL Mhandoned men who had bet largely upon the result, were 
appointed io officiate at the election. We refer as a striking illustra- 
tion to the case of Peter Albright, inspector of the ist ward, N. Liber- 
ties, whom a number of witnesses concur in describing as an indivi- 
dual of a bad reputation, notorious lor the commission of frauds at 
elections, and who has made it a matter of pride that upon one occa- 
sion he was enabled to depo&it on© hundred and twenty tickets in the 
ballot box himself. This man was examined before the committee 
at the instance of the minority of the committee, perhaps for the pur- 
pose of explainincf his conduct. Let his testimony be ?ead in connex- 
ion with that of the others to the same point, and no one can bolieve 
a word he said, he is contradicted m every particular by respectable 
witnesses, and it is proved by an unimpeachable witness that he said 
he would not tell the whole truth before the committee. This man 
had bet five hundred dollars on the result, and yet we find him aetiag 
as inspector in the Northern Liberties. In another instance it appears 
an individual officiated as clerk who was not a citizen of the state, we 
refer in support hereof to the testimony of John Miller. , 

IX. All informatim as to the result of the election in certain dis* 
irictswas wuhheld by tJie federal officer, even after the ballots had 
been canvassed and the result ascertained. Read the testimony of 
Jacob R. Kline, clerk in the 7th ward N. L., who made inquiry as to 
the result after the ballots had been canvassed, which was refused by 
the federal judges, see also the testimony of Joseph M. Blight, James 
Galloway, and others in regard to the declarations of the above named 
Peter Albright, giving at different periods of time varied and contradic- 
tory statements of the result of the polls in the Northern Liberties. 

X, Important election papers were nther lost or destroyed by fe- 
deral election officers. We refer to the testimony of Jacob R. Kline, 
a clerk at the 7th ward, N. L., who swears that John C. Gerrish, pre- 
siding whig judge of the 7th ward, N. L., was objT/ved during the 
progress of the canvassing, to carry away a tally list containing 841 



names, which has never since come to light. The testimony of Mr. 
Khne is corroborated by that of Daniel Jeffries, Daniel S. Siner and 
others. 

XL Fahe receipts for taxes were manufacture (L Refer to the testi- 
mony of Alexander M'Calmont, Esq. in^relation to the declarations and 
admissions made by Peter Albright the before-mentioned inspector of 
the 1st ward, N.. L, See also the testimony of Joshau S. Fletcher, 
who swears that Dr. Groves, inspector in Moyamensing, told him, 
*'that there were 205 democrats taken to work on the canal and rail 
road, and if they would not support Ritner, they would not be permit- 
ted to vote, but if they would support Ritner they would be permitted 
to vote, that the tax receipts would be made up for them, that he had 
dons the lika beforje and could do it again." 

The foregoing is a«review of some of the most prominent outrages 
resorted lo by the federal and whig party to deprive the cilizens-ol the 
county of Philadelphia and. of the entire commori wealth of their just 
and most sacred rights,-— outrages which we sincerely believe are with- 
out a parellel in the history of any election that has ever occurred 
within our commonwealths Base and dishonorable as they- unques- 
tioaably were — <3estructive of the purity of the elective franchise, and 
subversive of' social order, they however firmed but the prelude to 
others, which were, if possible, more corrupt, and calculated to im- 
pair still more deeply the foundations of social order and civil liber- 
ty. And progressing with the events as they transpired, we will now 
call^the attention of the Mouse to the proceedings which took place at 
the meeting of the return judges. 

The county of Philadelphia, it will be recollected, is composed of 
seventeen election districts. One return judge from each district is 
deputed to produce the return from his district, at a meeting of the 
return judges on the Friday subsequent to the election at the state 
house in Philadelphia, t«r the purpose of counting up the votes of 
the entire district and ascertaining the result of the election. Pursu- 
ant to the law and their appointme»t, these judges assembled, and or- 
ganized by the election of a chairrr.an and clerks* They had pro- 
ceeded in the discharge of their duties, until the return from the in- 
corporated district of the Northern Liberties was produced. This 
return was objected to on the ground of fraud and illegality. The 
judges proceeded to examine by the testimony of witnesses into the 
truth of the alledged frauds, and after hearing the evidence, a majority 
were satisfied thai the return should be rejected, as the proofs were 
clear that frauds to an alarming extent had been committed in that 
distiict. It was accordingly rejected by a vote of ten to seven — • 
Hereupon the judges proceeded in the discharge of their duties, the 
minority of seven participating so far as to hand in their returns. Up- 
on summoning up the votes it was ascertained, that Charles Brown 
and Samuel Stevenson were duly elected senators, and Charles Pray, 
John W. Ryan, Miles N. Carpenter, Thomas H. Britain, Benjamin 
Crispin, Abraham Helfenstein, J. W. Nesbit and Thomas J. Heston 
were duly elected members of the House of Representatives, (see ta- 



Me A.) Accordingly, returns were signed by tne ten jodges and cer- 
lifieates made out for the persons elected. Persons were chosen to 
give the papers the proper direction, and on motion the judges ad- 
journed mie die. During all this time and up to the adjournment no 
disposition was 'manifested by the minority judges to make out sepa™ 
rate returns, and when the adjournment took place no such intention 
was expressed. At a subsequent period of the saae day, however, 
six of these minority judges convened in another part of the build- 
ing, and having procured the attendance of one of the clerks, Mr. 
Samuel J. Robins, they made out other returns. These returns com- 
prise the following districts : Spring Garden, Oxford, Incorporated 
Northern Liberties, Moyamensing, Blockley, Germantown and 
Bristol. 

It is proper to remark, that the judge from Blockley was not pre- 
sent, but the other judges took the return for that district from the 
general list taken down by Mr. Robbins. At first view it would seem 
strange, that they should have taken this one district from Mr. Rob- 
bins' paper and not the others, as Mr. Robbins states that they had 
the same opportunity to take all the other districts as well as Block- 
ley. This, however, would not have answered their purpose, as 
ihey would then have been under the necessity of returning the de- 
• mocratic members elected. The exclusion of the Northern Liber- 
ties made not a shadow of difference in the result of the election, so 
far as regarded the Senators and members of the House of Repre- 
sentatives. The democratic candidates were elected^ whether that 
district ivas included or excluded. The design of those six judges 
in making a false return is, therefore, clearly and indisputabh- mani- 
fest. They affected to consider the exclusion of the incorporated 
district of the Northern Liberties a sufficient reason for their separate 
action, the fallacy of v/hich position, however, is clearly exposed by 
the fact, that with regard to all the other districts, not a single evi- 
dence of illegality was adduced or ever surmised. These minority 
Judges, therefore, although solemnly sv/orn *' to make a true and 
perfect r el urn of the election j^^ fraudulently prepared a return era- 
bracing but seven of the seventeen districts to which it was their 
province to certify, although the p^ipers were before them from which 
they might have been enabled to make a full and true return, embra- 
cing all the districts in "the county. It is nevertheless a factof essen- 
tial importance that there were still some limits to the audacity and 
recklessness of these minorit}- return judges. The paper signed by 
them does not certify that the whig candidates were elected— that 
it seems was a stretch of recklessness upon which even they would 
not venture. It merely certifies t-liat the candidates "appear to have 
received the number of votes set opposite their respective names." 
(See table B.) 

Not less important is the truth, that these returns were void in an- 
other essential particular, not having been completed on the day pre- 
scribed by law, the Friday subsequent to the election. For ample 
confirmation of this fact, ws refer to the testimony of Thomas Dow- 



9 

Jiey, Sen, the superinteiident of the slate house clock, who was em- 
ployed by the minority judges as doorkeeper until the consummation 
of their nefarious intentions. He rswears that shortly before the 
clock struck twelve, he was requested by one of the whig judges to 
*'STOP THE CLOCK," which he however relused, and further 
■declares, that it was not before onz o'^ciuclc in ike niglu- whavx thejr 
had got through with making the returns. 

These returns thus clandestinely and fraudulently mpde, were 
handed to the SherifFard forwarded to the 'Secretary of the Common- 
weahh by a locomotive prepared for the occasion, as if the result of 
an election depended on the swiftness of « steam engine! The federal 
Shsr iff affected to consider these the true returns, although in his tes- 
timony he acknowledges his cognizance of there having been another 
return made out by a majority of the judges in the mode pointed out 
bylaw, and also that he kne^v the fact that the demccraiidiad a 
majority in the county of Philadelphia^ a fact which, as he admits, 
he freely expressed to a number of his friends. But in accordance 
with the acts of Assembly, on this subject, the Sheriff has nothing to 
do with the returns for members of the Legislature; the act of 1799 
imposing that duty upon that officer is i-epealed by the act of 1>^:03, 
which directs that one copy of the return shall be deposited in the 
Prothonotary's office by the return judges, and one copy, under a 
sealed cover, directed to the Secretary of the Commonwealth, depo- 
sited in the- nearest post office. The returns of the majority judges 
were made up, forwarded and depos'ted ia conformity to this law, and 
it is fully substantiated by the testimony of CoL M'Caheii, that they 
reached the Secretary through the post office, and were in his posses- 
sion previous to the meeting of the Legislature. Yet, with a .full 
knowledge of all these facts, and in violation of the plainest precepts 
of reason and law, Thomas H, Burrowes, the Secretary of the 
Commoweallh, at the assembling of the Legislature, assumed the 
fearful responsibility of withholding from both houses the returns of 
the majority judges of the county of Philadelphia, arid sent in the 
minori.'ij returns only- That this ivas a wanton; unjustifiable and 
daring assumption of power, none, we presume, will be so hardy as 
to deny. That office is one of a ministerial character, and intended 
ia this respect, as a mere depository for the safe keeping of these 
returns, until the Legislature convened, wheri it became the duty of 
the officer to deliver them to the respective bodies to which they 
belonged. This violation of law on the part of the late Secretary 
was, hov/ever, but a part of a deep laid, well matured conspiracy on 
the part of that incumbent and others in high stations, to which your 
committee will call your attention. That officer had previouply issued 
a semi-official proclamation "^o the friends of Joseph Ritner/^ in 
which he exhorts them " to treat the election as if they had not 
been defeated, and in that attitude abide the residt.''^ Here, in the 
deliberate opinion of your committee, was an unequivocal and 
openly declared determination to resist the will of the majority, as 
declared through the legal medium of the ballot boxes. The plan of 



10 

operations was to organize a House of ' Representatives suitable t&> 
their views, and having a majority in the Senate, and a Governor 
whose constitutional term of office would not expire for sorae weeks^ 
they would pass laws to contest the election of Governor Porter,^ elect 
a United States Senator, State Treasurer, and Canal Commissioners v 
and if they could not succeed in so moulding the returns for Governor 
as to declare Joseph Ritner re-elected, then to pass laws by v/hich the 
patronage oi Governor Porter should be in a great measure takem 
away. These projects, more fully developed in the testimony of John 
Montelius, Esqi,.were intended to be accomplished by the organization 
of a House ot Representatives, upon fraudulent returns, contrary to 
the declared will of the people, and without regard to the powers or 
the letter and^ spirit of the law. 

The testimony of judge Huston also shows the intention of the- 
federal party to contest the election of Governor Forter. He received 
a letter from a whig or anti-mason, one of his party friends, in which 
the judge's opinisn was asked in relation to the manner and effect of 
Ibe contests This letter was received before the meeting, of the legis» 
lature. Judge Huston burnt the letter and now declines giving the 
name of the writer.. 

The testimony further shows that individuals were hired to come to 
Harrisburg from Halifax and elsewhere to assist ihem in effecting. 
these dark designs. In support hereof we would refer to the testimony 
of Mr. John Welker, a highly respectable witness, who says ''The 
contractors on the Wisconisco canal, in; Dauphin county, told him 
that they were coming down to Harrisburg on the 4th of December., 
that they were determined to secure seats to the Philadelphia county 
whig members, that Governor Porter should not be sworn, in, but Rit^ 
ner continued three years longer;" and that on the 4th of December 
these desperadoes did appear in Harrisburg and boldly reiterated their 
revolutionary declarations. He saw them in the House of Represen- 
tatives at the time of the organization. This witness is corroborated 
by Charles W. Hegins, Esq., General Adam Diller, and others.— 
Nor, according to the testimony of John Abrahams, did they set witb- 
our reward — he swears thM he observed Thaddeus Stevens distributing 
a roll of bank notes among them ; this evidence is in some measure 
corroborated by other. witnesses. 

This and other, testimony abundantly provas, that there existed on 
the part of the anti-masonic and whig party, 'd settled^ preconcerted 
determination to defeat the will of ths majority of the people. It was 
announced in the leading federal paper at Harrisburg, that *'their 
members from the county ot Phifadelphia will have their seats,. peace- 
ably if possible, but forcibly if otherwise; that they would defend 
themselves as heroic men at all hazards." It also appears from 
the testimony of Adam Diller and other witnesses, that leading feder- 
alists publicly boasted they would secure a majority in the legislature 
and elect a United States senator, state treasurer, canal commission- 
ers, &c. It is also manifested by the testimony of William B, Reed, 
the Attorney General under Governor Ritner, who by his own show- 



u 

iaig, was privy counsellor and abettor in the fraudulent conduct oftfee 
•minority judges at Philadelphia. 

Pursuant to the plan of operations previously marked out, circulars 
were issued by the secretary of the comn^on wealth, requesting the at- 
lendance of the federal members two or three days prior to the meet- 
ing oC the legislature. They accordingly met and concocted their 
plan of separate organization as developed in the House of Represen- 
tatives on the 4lh of December. The testimony of John Montelius, 
Esq.,. the honest and fearless representative from Union county, on 
this point is of an interesting character. He shows that a separate 
plan of operations was agreed upon, Mr. Cunningham to be the 
speaker, who for the purpose of expedition was provided with a pocket 
bible for the occasion. He also confirms their determination to elect 
a United States senator, canal commissioners, state treasurer and 
printers, and contest the election of Goveraor Porter. This worthy 
gentleman furnishes the reasons which i-nduced him to separate from 
men harboring such intentions. — As at £rst impressed he was led to 
believe that the whig members from the county of Philadelphia were 
duly elected, and contending for the right; but he subsequently dis- 
covered his error, and had the independence and patriotism to speak 
of it in- that way, and advise his party friends to compromise the dif. 
iiculties ; he was told "to adhere to his party right or wrong, 
and if he flinched they would U-eak him down." Mr. Montelius in 
the spirit of patriotism, however, laid his hand upon his breast and 
iimpressively replied ^^TJiereis something here which you cannot 
break downJ'^ 

Your committee having thus, at some length, descanted upon the 
testimony which reveals the plans of the federal leaders jonor to tho 
convening of the legislature, will now proceed to furnish a faithful de= 
tail of the occurrences which transpired at the seat of government up- 
on that memorable occasion; a duty, which is the more imperious, as 
upon it depends the result of the second point of inquiry — "</ie neces- 
sity for calling the miliiary to the seat of g over mnentJ''' And here 
your committee will be permitted to premise, that the suppression ol 
the legal return for the county of Philadelphia, was indispensably 
NECESSARY fof the prosecution of the illegal and disreputable de&igns 
of the parly who had been so lately ejected from their ill-gotten pow- 
er. The delivery of the minority return, only afforded the federal 
members a pretext, perhaps the only one that could have been seized 
upon, to attempt the introduction of individuals into the house of rep- 
resentatives who never had been chosen by the majority of the peo- 
ple, to whose rightful decisions their claims had been submitted; at 
the period of meeting, we accordingly find Michael Day, Adam Wo* 
elper, William F. Hughes, William Lloyd, William L. Crans, Samuel 
F. Reed, Benjamin R. Mears and Jesse F. Smith, the individuals 
named in tiie minority return, as having received a certain number 
«f votes in seven of the seventeen districts of the county of Philadel- 
phia (being however no certificate of election) we fisd these individ- 
uals appearing at the bar of the house of representatives, claiming 



sents as members, which they had proviousiy marked oof as' their' 
own, u|Son no other pretensions than the fraudulent and deceptive" 
paper referred to; n project so daring in i^s conception, naturally de- 
manded, desperate and extreme measures to effect its consummation; 
these were oof wanting on the part of those engaged in this unlawful 
design against the rights of the major:r,y— after the reading of the mi- 
nority return, by F. R. Shunk Esq., the cierk of the former house of 
representatives, rhe federal members urged the immediate admission of 
the individuals named in said return, (if so it may be called) on the" 
sinp'ular ground, that the secretary had sent in no other evidence of 
the election of members from that county, thus striving to renders- 
most gross violation of constitutional law, on the part of that officer^. 
a pretext for comnutting a stiil grosser outrage on the right of free 
representation ! 

The democratic members, with a charactenstic regard for the rights^ 
©f the people, when menaced either by invasion from v/ithont, or 
encroachment from degenerate sons within, manifested at the outset 
a proper, but not the less determined spirit of resistance against the 
consummation of intentions so revolutionary and daring. Accosd-' 
inglj, in vie\¥ of the unparalleled injusisee done by the secretary, 
Mr. Pray, a member duly elected from the county of Philadeiphiaj. 
presented a copy of the returns signed by the majority judges, duly 
certified by the prothonotary of said county, which v/as read by the- 
clerk in connexion with the minority return received through the 
channel of the secretary's oHice. In ihe course of these proceedings 
Mr, Thaddeus Stevens, then a member returned from Adams eountyv 
(and whose certificate of election was the same as that offerred by 
Mr. Pray, being a certified copy of the returns,) arose and made a 
motion, contrary to the practice observed in the organization of our 
state legislature, since our existence as a commonwealth, and in di- 
rect violation to the genius and letter of our institutions. This mo- 
tion was that tellers be appointed for the purpose of electing a spea- 
ker, a departure from the custom so long prevalent of calling th^"- 
clerk of the former house to superintend the election of speaker, and- 
announce the result. Not content, however, with undermining practice- 
and law long held inviolate, that daring conspirator progressed still- 
further in his revolutionary intentions, and we accordingly find him, 
openly and unblushingly recommending the election of two speaker^?' 
in direct and open violation of that most sacred constitutional injunc- 
tion which declares there sliall be but ONE. He then put the ques- 
iticn with all imaginable haste himself, decided his motion as sus^-- 
tained himself, named the tellers himself, who, (doubtless instructed^ 
in the various scenes to be enacted in this most extraordinary drama, )f^ 
ascended the platform and held-an irregular and informal eieetion, in- 
terfering in a great degree, with the orderly proceedings of the mem- 
bers engaged in the regular discharge of their duties. This was fol- 
lowed up by the tellers calling out the names of the eight pretended- 
members of the county of Philadelphia. After the conclusion of this-' 
raosfc novel and extraordinary proceeding, the teller^! appoi»ted by M-^i- 



Stevens, Hnderlook to announce tliat Thomas B. Ciinningliam liad 
■received the number of votes required to constitute him speaker, 
-which allegation has, however, since been disproved. (See the tesii- 
-mouy ©f Mr. MonteUus on this subject.) The pretended whig spea- 
ker accordingly ascended the platform drew from his pocket lh<i bible 
furnished for the occasion, and after the forms of an oath were ad- 
ministered to him, he likewise qualified those who acted with hira^ 
'when this spurious and self-constituted house adjourned. 

During aij this time, the demociatic inemhets, Jif'ty-six in number^ 
proceeded in the manner prescribed by lav/ to the election of a 
•Speaker, which honor devolved on William Hopkins, of WashingtoH 
•county, who ascended the platform, the minOx^ity Speaker giving way 
io him aj3 if in acknowledgment of his having acquired the starion 
illegally. Mr. Hopkins had the necessary oaths administered to him 
hy iMr. Smith, of Frankhn ; and all the members then severally took 
ciiad subscribed, in accordance with the constitution and laws, the 
.usual oaths in the test books which have aUvavs been used on similar 
"Occasions. After transacting the customary busmess, the House of 
^Representatives then adjourned,. 

The startling design announced in the proclamation of the ex-Se- 
cretary, of treating the election as if it had not occurred, together 
with the well founded and uncontradicted rumors of the intended sup- 
pression of the legal returns, and that men I'rom dilTerent sections of 
;4he commonwealth would be here to carry out these designs, had 
.naturally arrested the attention of numbers of citizens, who were 
^theroby induced to repair to the seat of gGvernment to witness the de- 
nouncement of a project, so revolutionary and novel, Much indig- 
.nation v/as doubtless entertained by the citizens here assembled at 
'Witnessing the unhallowed means employed for the purpose of defeat- 
ing the public will, a feeling v/hich was, hmvever, the spontaneous 
|)roduction of an indignation as justly excited as it was honorable. 

The democratic members continued to meet and transact the usual 
rbusiness in the hall dedicated to the' purposes of legislation, having 
^constantly a quorum, and on Monday, Pecember i7th, received an 
.accession in the persons of Messrs. Butler and Siurdevunt of 
Luzerne, and Mr. Montelius of Union^ who, under solemn convic- 
tion of duty, left the .seceders who were followmg in the wake oflMr.. 
Stevens, presented themselves before ilie House of Representatives., 
'.and took the oaths required by law. 

The federal members in the meantime, as appears by the testimony 
fOf Mi. Montelius, met in obscure places, unknown to the people, and 
-not recognized by any written law, refusing to take their fccats and 
-■enter upon the fulfilment of their duties in the hall designed for that 
|)urpose, until the House or Representatives was recognized by the 
Senate, a majority of which is composed of their political fneads.. 
This took place on the g5th of December, after which, shorn of aH 
.power, either for good or evil, they successively returned to the post 
.of duty, with the exception of their great leader, Mr. Stevens, who 
jjbtumed the trust confided to \i\va into the haods of hi& constituents. 



Tour committee deem it necessary to advert briefly to the scenes 
which occurred on the 4th of December, in the Senate chamber, whicffe 
afforded such copious topics of denunciation against the citizens, who- 
had been attracted thither by the startling annunciation of the ex-Se- 
eretary. It is not rn order to speak of the arbitrary course pursued by 
the speaker of that body, nor of their refusal to caH upon the Secretary 
for the returns in his office; if it were, we could show that the spec- 
tators had every reason to be indignantly aroused ; we have examin- 
ed however several witnesses on the subject, and so far from their be- 
ing any just ground of apprehension, it is an undeniable lact that 
iseveral of the federal senators appeared in their seats on the morning 
subsequently to the alledged outrages, before the so called mohites hacJ 
dispersed, and they were unmolested, this your committee deems a 
satisfactory refutation of the unfounded allegation, that the peaceful 
action of the Senate was interrupted or the personal security of its 
members jeoparded. In relation to that branch of the duty enjoined 
upon your committee, which directs an inquiry into the necessity for 
the presence of the military at the seat of government, they would 
respectfully beg leave to present in connexion with the foregoing state- 
ment, the following plain, unvarnished detail of facts. The soldier* 
from General Patterson's division, made their appearance in Harris- 
burg on Saturday, the ninth of December; now it is an undeniable 
truth, that at least three day before the arrival of the troops, the tov^ii 
of Harrisburg was the scene of undisturbed harmony and order, with 
scarcels"^ more than the usual degree ol excitement within her borders. 
It is not less a matter of history, that these citizen soldiers, upon their 
arrival expressed dissatisfaction at the mis-statements which had been 
officially imposed on them. So far from finding the capitol of the 
state besieged by "an armed, lawless and infuriated mob," they found 
5t in a state of tranquility and of peace. So far from finding "their 
representatives interrupted and overawed,'"' they found them in the 
peaceful and unmolested exercise of their legitimate functions. They 
had however, been summoned hither under the requisitions of the 
commander-in-chief of the militia of the commonwealth, and as faith- 
ful citizens, and devoted soldiers, they obeyed the call of their duly 
constituted military superiors, although the crusade in which thosa 
superiors were embarked was illegal and unwarrantable. 

But strange to relate, notwithstanding the prevalence of uninter- 
rupted peace, the requests of Gen. Patterson and of the soldiery for a 
speedy disbandment were disregarded, and they were retained at the 
seat of government for an entire week, when no earthly motive could 
exist for their retention, except it was to overawe the representatives 
of the people and interfere with their legitimate duties. On the de- 
parture of these troops, others were marched to the seat of govern- 
ment from the neighboring county of Cumberland, although no pos- 
sible necessity existed for their presence, or the least appearance of 
justification or excuse for the order which was given. The consti- 
tution of the commonwealth makes the Governor commander-in-chief 
of the militia, except when in the service of the United States, and 



15 

'Ibe sixty-second section of the act passed in 1822, provides that the 
militia of this commonwealth may be called into actual service by 
the governor thereof, in case of rebellion or of an actual and threat- 
ened invasion of this or any neighboring state. There is no allega- 
tion in this instance, that our commonvirealth was invaded or threat- 
ened to be invaded. Then the question arises, was there a rebelli- 
on? because, if there were no rebellion or invasion then it follows 
•that the governor acted unconstitutionally and illegally in calling the 
troops into the service of tha state. A rebellion is correctly defined 
1o be "the taking up of arms traitorously against the government," 
and it is also defined to be "an insurrection against lawful authority." 
There is no evidence, neither is it true that the democratic citizens 
who have been denominated " reheU''^ did any acts of this character, 
they came to the seat of.government from motives of curiosity, and 
when here did no act except such as was calculated to protect the 
constitution and laws from the treasonable practices of those who de- 
clared that they would treat the election as if they had not been de- 
feated, or in other words set at nought the lawful authority of the 
people and erect a government in violation of their wishes, and in di- 
rect hostility to the constitution and laws. 

The testimony clearly shows that the conduct of these citizens, thus 
assembled, was calculated to protect the laws and defend the govern- 
ment, they threw no obstructions in the way df any existing 
law, but manifesteti a peaceful intention to maintain their own princi- 
ples and rights ; rights which were wantonly and daringly assailed ; 
rights bequeathed by the inestimable legacy of their forefathers, to 
defend and maintain ivhich, they employed no means to which the 
constitution and laws do not eminently afford their best and holiest 
sanction. 

The employment therefore, of these troops, by the late Governor^ 
will be regarded in sill time to come, as the last miserable efforts of a 
corrupt administration, to retain its illgotten power. It will be poin- 
ted at, as a strikmg illustration of the maxim, " tbat.pov/er sometimes 
forgets right," and this may be said to be universall}'^ true, where that 
power is under the. governance and direction of wicked and corrupt 
advisers. But the remembrance of these scenes, into which your com- 
mittee was directed to inquire, will ever present the gratifying fact that 
the representatives of the people, successfully maintained the sacred 
principles of republican liberty, against the combined efforts of un- 
principled men, aided by the strong hand of military power. While 
this is matter of congratulation, the sober fact^ that the money of the 
people has been taken to pay troops, thus iniquitously brought into 
service^ will redound to the disgrace of the late administration, as 
long as that administration will be remembered. But this is not the 
only expense to which these scenes have led ; near a month of the 
beginning of the present session of the legislature, was entirely lost for 
all unusual purposes of legislation, inconsequence of the late governor 
and senate, refusing to recognize the legal and constitutional house of 
jepjfesentatives, thus retarding legislation, by preventmg it from exer- 



16 

cising its' customary duties, and contributing, thereby, to the necessity 
which existed for an extra session ol the legislature, the burden of 
paying for which, flails upon the people of the commonwealthi Your 
coramittee aro aware, that it ' is impracticable to dwell at length od - 
each feature of the political drama, the scenes of which they were ■ 
directed to investigate ; they are also aware, that the testimony taken, - 
is not a tithe of that which might have been collected, if time and 
opporiunity had permitted. It must also be apparent to alljthat frauds 
and crimes, such as have been committed at, and subsequeat to the 
late election, are exceedingly difficult to be proved. They partake 
of the nature of their own darkness, and secret wickedness-. They 
have, however, been enabled to lay bare, and expose the acts and 
frauds of the federal party, in relation to late election, by clear and 
unequivocal testimony. Your committee, before closing the^ir report, 
by leave to present the following general conclusions, unavoidably re- 
suiting from the inquiry^ to which they have applied much of their 
time and attention. 

I. The difficulties which took place at the seat of government on 
the 4th day of December last, the day appointed for the meeting of 
the [egistature, had their origin in a fraud concocted by certain feder- 
al return judges, in the county of Philadelphia, with the advice and 
co-operation of William B. Reed, the Attorney General of the com- 
monwealth, and John G. Vfatmough, the sheriff of the city and coun- 
ty of Philadelphia, by which the regularly elected members of the 
house of representatwes, were iniquitously attempted to be deprived 
of their seats ; a fraud which Thomas H. Burrowes, secretary of 
state under Governor Ritner, and Thaddeus Stevens, one of his 
canal commissioners, and a member of the house from Adams county, 
attempted to consummate the former, by suppressing the legal (vlection 
returns of said county ; and the latter, by attempting to organize the 
legislature in a m.anner unknown to the constitution and laws. 

II. No necessity existed, at any period, for calling into service, 
the military; on ih^ contrary such call was made by ex-Governor 
Ritner, in the absence of every semblance of necessity, and was man- 
ifestly a stretch of power, in derogation of the plainest dictates of law,- 
justice and humanity. 

III. If^, in point of fact, there was such a disturbance at the seat of gov- 
ern m.ent, as is alleged, then it was clearly the duty of those in power, 
to call upon the civil authorities to suppress it. The law points out 
the mode; and Gov. Ritner's attorney.general advised that course to be 
taken. No such application was made, although the courts of jus- 
tice and officers of the law, were in the free and undisturbed exercise 
of their usual duties. The constitution ordains, that "the military 
shall, in all cases and at all limes, be in strict subordination to the 
civil power.'"' The order, therefore, calling out the troops vvas uncon- 
stitutional and illegal, and there being no necessity for their presence 
at the seat of government, the conclusion is irresistable, that they 
were called into service, to aid and assist the enemies of republican- 



17 

ism in organiizng a legislature, in violation to the constitution and 
laws, and contrary to the wishes of the people of this common- 
wealth. 

Your committee have thus as briefly as possible reviewed the 
evidence3 and made such comments thereon as they deemed necessary 
to elucidate the subject. They regret the necessity which induced 
this examination and enquiry. The result presents a page in our 
history which the lover of his country would -willingly obliterate 
forever. The astounding fact, that the capitol of the commonwealth, 
in a time of quiet and of peace, and when her legislature were occupy- 
ing these sacred halls appropriated to the business of legislation, should 
be surrounded by bands of armed men, by the order of tier Governor, 
is humiliating and mortifying. There are, however, some consoling 
circumstances connected with this event, — He never was the choice 
of the people of the commonivealth, and his advisers were neither 
Pennsylvanians by hirth or in j'eeli^ig. They sought to advance 
their own selfish and sordid mierests, at the expense of the honor and 
integrity of our beloved commonwealth. 

But they signally failed: the calm, stern operation of reason and 
of la Wt prostrated their unhallowed designs, and has left them on a 
barren shore, neglected and despised. May these scenes serve as a 
lesson in all time to come, and obliterate forever all those practices, 
by whatever specious name they may be called, which strike at the 
foundation of republican liberty, which proclaims that the will of the 
majority shall govern. 

Resolved, That the committee be discharged from the further coh° 
sideration of the subject. 



18 



lOURNAE AND TESTIMONY.. 

The committee appointed by the house of representatives of Penn- 
sylvania to inquire into the causes of the disturbance at the seat of 
government, on the 4th of December, 1838, met in the North commit- 
lee room erf the State capitol, on the 14th of March, 1639. 

Present— ^Messrs. Snowden, chairman, Fieuniken, Roberts, T. S» 
Cunningham aad Long. 

The committee organized by the. election of- F. Ki Boas, as sec«^- 
Tetary. 

• A motion was then made and seconded that she committee proceed 
to the examination of Col. Jv J. xMcCah cn^ 

Which was agreed to. 
Messrs. T. S. Cunningham and Long, ofTered a protest in writing 
objecting to the competency of Col, J, J. McCahen asa witness^ 
which, 

On motion of Mr.. Flenniken, 

Consideration postponed for the? present. 

Col. John J. McCahe.n was then called before the committee, and 
»worn.~ 

Question by the chairman, Mr. Snowden.-r-We wish you to state 
the origin of the difficulties at the election in the county of Phiiadel' 
phia, in October last. 

Answer* — At the fall election on the nigiht of the 9th of October 
last, from what I could learn relative to the registering of the voters 
namesy and from other matters appertaining to the election, I in<coDir 
nexion with other citizens were of the opinion that the manner in 
which the election would be conducted in the incorporated districts of 
the Northern Liberties^ the districts of Sprmg Garden and Moyamen- 
sing, would be unfair. During the election day, or a portirn of that 
day, I was at the electi0.n in Spring Garden ; ^fter the election was 
over that night ; I renaained until near day-light to ascertainjthe res«lto 
Having heard the result of the ticket gen.erally» I went over to the 
commissioners' hall, in the Northern Liberties ; juried various means 
to obtain the result of the election in the Northern Liberties, aiad ap. 
plied to «ome of my political friends and desired them to obtain the re» 
iBuU for me*-— I could not obtain them, nor did 1 ever hear the ac- 
tual returns of thft Northern Liberties, as reported by the judges up 
to the 12th of October ; I could not, nor any of my friends, obtain the 
result of the election in that district: in consequence of repiesrntations- 
that were made to me of ihe unfair manner in which the eleclioBF 
was conducted in that district, and we could not expect a fair returft 
of the district from the judges ; 1 was induced by political friends i9 



resign my station in the post office, in order to qiaalify uny-sell to "be^ 
<jlerk to ihe return judges that were to meet at that day — I was chosen 
one of the clerks of the return judges, and was present during the 
whole sitting of the judges, until by a regular motion regularly car- 
ried, they adjonrned, sine die; this was at the Slat€ House, in 
-consequence of the charges of fraud, and testimony taken upon thai 
subject before the return judges, a resoluiion was adopted, refusing le 
receive the returns of the incorporated district of the Northern Liber- 
ties ; certificates were made out of the amendments of the constituiion, 
governor, sheriff, county commissioner, auditor, senators and mem> 
bers of the house of representatives— the certificates set forth in ♦he 
usual form that Charles Pray, John VV. Ryan, Miles N, Oarpenlers 
Thomas H. Brittain, Abraham Helfenstein, J, W. Nesbitt, Thomas 
J. Heston and Benjamin Crispen, appeared to have the highest number 
of votes, and were duly elected members of ths House of Representa- 
tives; Charles Brown and Samuel Stevenso-a were elected senators. 
The certificates were signed hy ten out of the seventeen retur^n judges 
jn the presence of the others — two copies were made out, one to be de- 
posited with the coart of common pleas, and one to be given to ihe 
sheriff; the same course v/as pursued in the returns of the first -and 
third district for Congress. Notices were made out, and either sent 
or delivered, informing them of their election. 

Samuel J. Robbins wrote the addresses on them, and by the con- 
-sent ot the judges, about 8 P. M. it was agreed that George W<. 
Smick should take charge of said returns, — it was then dark, and de- 
posite them next morning, one copy with the Sheriff, and one with 
Robert Morris, Prothonotary, and accordingly the next morning Mr-. 
Smick a return judge, Mr. S. J. Robbins and myself i^et m the neigh- 
borhood of the state house, for tne purpose of depogfting ttie returns 
agreeable to arrangement, one set was deposited with the Sheriff and 
Prothonotary, "each" between 9 and 10 o'clock, A. M., after these 
returns had been deposited, in consequence of some information com- 
municated to me I was induced to believe that llie Sheriff would «iot 
do his duty imp'irtially, a gentleman called upon ^e and said he be- 
lieved that a copy of the returns should be sent by mail, I examined 
the law on the subject, and in -order that they RMght be sent 1 called at 
the house of John G. Watmo^gh on Sunda/, the servant at first in» 
formed me he was in, but after I sent my name told me he was not 
in — 'I called the following day upon the sheriff, and desired ^him to 
^ive me the returns deposited with him by me, he replied that 'he had 
sent them to Harrisburg by a persoH in the cars tha;t morning, Mnpres- 
•sed with the belief that a copy oaght to go by mail, I made a copy 
of the entire returns with the exception of the county commissioner, 
4n the Prothonotary's office. At the instance of Samuel Stevenson, 
-senator from the county, and others, I was induced to start for Harris- 
►burg for the purpose of ascertaining whether the Secretary of the 
■commonwealth had received the returns from the Sheriff, which he 
stated had been sent, after I arrived at HarrisLurg on the 16th of 
<^tober, Mr. Thomas L, Wilson, one of the editors of the Pemisyl- 



'Tania Reporter, at my request, called with me upon the Secretary ®f 
the corrsmonweahii, I asked the Secretary of the commonwealth if he 
bad received the official returns of the county of Phdadelphia — he 
stated that he had — I asked him when— he stated that he received* 
them on Saturday by the hands of the deputy Sheriff, iVIr. Hedges, 
I staled that those were not the official returns, he replied that he so 
regarded them, and paid the deputy sheriff his fees, — I asked him 
whether he received no other returns, he answered he had--I asked him 
when, he replied on Monday evening from the hands of a gentleman, 
I desired to see them, — he showed me 6 or 7 papers, I was enabled to 
identify them as being the official returns by an indorsement which 
had been put upon them by my own signature, as attesting to the 
time they were deposited with the Sheriff— I told the Secretary those 
v^eve the official returns, he replied that they were not brought by a 
deputy sheriff, and that he did not regard them as such ; [ toM him 
the person who brought them was the authorized deputy of the Sher- 
iff, f asked him whether he had not received a letter from the sheriff 
with the returns, he replied that he hadr I know that the reiurns for 
members of the Senate and House of Representatives were among 
the returns in the hands of the secretary of the commonwealth. 

Question by Mr. Cunningham— Were the returns of members of 
congress for the first and third disiricts among them? 

Answer,-— My impression was that tfie returns of the first and third 
Congressional district was among them, Paynter for the first, and In- 
gersoll for the third ; I asked the Secretary if he did not regard these 
as the official returns, whether I might not take them ; he seised theo> 
and said I could not, I left the reiurns with him. 

Question by Mr. Flenniken. — Did you publish or make known the 
result of your interview vi^ith the Secretary of the commonwealth? 

Answer. — 1 made it knowa generally, and it was published by a 
committee of the house before whom I was examined. Some days 
previous to the meeting of the legislature I obtained a letter of intro- 
duction from Mr. Wright of Wilkesbarre, to Mr. Sturdevant member 
elect from Luserne county. 

On motion of 

Mr. Cunningham, committee adjourned, to meet on Monday, Marcli 
i8th, at half past three o'clack» 



2: 



March ISlli, 1839, 

The committee met pursuant to adjoornmeat. Present, ail the 
members — exammatioo of Col, John J. McCahen coniinued. — I lell 
Philadelphia upon the afternoon of the 2nd December last, for Har- 
risburg ; previous to my leaving I had a consultation with some ol 
my political friends, as to the propriety of my being at Harrisbug upoji 
the meeting of the legislature, it was the impression of m}^ friends and 
selfj that my presence at Harrisburg would tend to the settlement of 
the question at Harrisburg, fairly and justly ; that I being so well ac- 
quainted with the facts of the case, could make a representation o( 
them tothe opposite party, with some of whom I was so well acquainted., 
that might prevent any difficulty in the organization. In the car which 
I travelled from Philadelphia to Lancaster, there were but two pas- 
sengers whom 1 knew, Mr„ John Benner of the cily of Philadelphia,, 
and a Mr. Watmar of the county; we reached Harrisburg on Mon- 
day morning between 9 and 12 o'clock, I made some inquiry to as- 
certain whether Mr. Purviance, representative from Butler county, had 
arrived; he had not, but arrived in the afternoon; I met him when 
ihe stage arrived, and had a conversation with him relative to our 
county returns, and represented the facts to him; I urged him not to 
be influenced by the conduct of Thaddeus Stevens, i subsequently 
showed him, before the meeting of the house of Representatives, a 
statement of the returns with and without the incorporated Northern 
Liberties; I told him and showed him, that if they took the minority 
returns from the county of Philadelphia, that the amended constitution 
would be lost. I had a conversation with Mr. Lloyd, claiming a seat 
from the county of Philadelphia, and argued with him about the policy 
of attempting to claim a seat, when he knew he had not a majority of 
the votes. I told him that it he again expected to be a candidate he- 
fore the people, that his prospects must be prostrated; he replied thai 
if he had consulted his own feelings, he would not be here a member, 
and that he did not expect to be a candidate; he also state-d that our 
returns were informal and not in accordance with law, and i-eferred to 
the law upon the subject. I thought 1 convinced him, that under any 
decision upon thorn we had complied with the law; I also conversed 
with Thomas S. Smith and Henry S. Spackman, they did not pre- 
tend to say that our ticket had not the majority, but that they could 
show frauds in the district of Kensington. I assured them that 1 be- 
lieved the election was fairly conducted in that district, and that they 
had better not interpose to the Democratic members taking their 
seats. Up to the hour of the meeting of the house of representatives, 
Ht 11 o'clock A. M., I still had hopes that the gentlemen fron-i the 
county, not elected members, would not expose themselves so much, 
as to claim their seats — I heard from persons in the hall of the house 
*of representatives, that it was the policy of Mr. Stevens to creat3 a 
M disturbance; that people, from Halifax, the Gettysburg rail road^ 



22 

and other parts ot the ptiWic works were in the hall, and they would 
cry out seize Stevens, throw him out of the window and other such 
expressions ; with a view to prevent a disturbance I went round the 
house with a number of my acquaintances in the house, and urged up~ 
on them to remain silent, and if any person uttered such cries, or any 
thing like them, to seize upon them; if they proved to be our friends 
they mi^ht lake care of them ; it opponents, to expose them. The time 
came and the secretary of the commonweatth presented a package of 
returns, which were read by the late clerk of the house, I did hear 
Mr. Stevens make a proposition in the Iwuse, that those who thought 
as he did might proceed to elect their speaker, and that those wh(j 
thought different nfsight do the same. 

Ques. by Mr. Flenniken — State to the contimittee what was said 
by a member of the house with regard to the certificate presented by 
Mr. Pray. 

Ans. I do not recollect, it was the public impression that it v/as 
the intention of the whig and anti masonic members to organize the 
legislature without admitting the <Jemocratic memhers of either the 
Senate or House of Representatives; this I heard repeatedly, that it 
was their intention before the democratic members would obtain their 
8eats, to elect a United States Senator, State Treasurer and Canal 
Commissioners, and to do other acts of legislation. I was justified 
in this impression by what I heard from the other party and my awn 
party at the seat of government and elsewhere. I. was present dur- 
ing the whole organization of the House of Representatives on the 
4lh of December last f<'om tfee beg^inning to the end ; the organization 
was rapid. Mr. Stevens made a proposition that Messrs. Watts and 
Zeilln act as tellers, and while they were calling the names of the 
members to vote, the late clefk was calling the list of members:; 
there was some difhcuhy about the retu'ns of the election from the 
county of Philadelphia; at a meeting of the return judges there was 
, a motion made and carried, that in consequence of the alleged frauds 
that took place in the incorporated Northern Liberties, that the returns 
from these districts should not be received imtil it was ascertainei 
thar they were legal, in consequence of which witnesses were exam- 
ined and a discussion took place. Charles J. Ingersoll, Charles Nay- 
lor, James Hanna and 'Jharles Brown took part in the discussion. — 
The objection to the returns of the Northern Liberties were made by 
the return judges and LigersoU and Naylor. It was alleged that 
frauds had been committed in five out of seven wards of the North- 
ern Liberties, it was alledged that one of the whig judges had taken 
away one of the tally papers. It was stated that the inspectors of 
two wards being democrats were not permitted to know the result of 
the election, it was proved that the tickets were not called out, it wa» 
also proved that the judge of the 5th ward stated he would make 
that ward give a whig majority of two hundred, though it should 
give a democratic majority of two hundred — the name of this per- 
son is Hacker, a whig; the whole of the returns were thrown out 
jod consequently Charles J. Ingersoll was elected, the name of the 



2? 

witness wh9|testified to this fact was John Abraham ; it was proved 
that Mr. Bela Badger, one of the officers stated he would cheat ; this 
was proved by Alexander Brown ; by retaining the returns of the 
Northern Liberiies Mr. Charles Naylor would be elected ; he read 
a return before the return judges in which there was a difference of 
several hundred; it was proved by two persons who were officers of 
the election, that they had examined some of the boxes and refused 
others ; 1 saw a number of persons here whom I knew from the 
county of Philadelphia at the meeting of the legislature ; I was not 
privy to their coming, but I suppose they were anxious to see fair 
play with their Tepresentatives^; I do not know whether they were 
paid or employed to come here; I heard one say that he was armed; 
:'I was armed on that day ; when I travel I carry pocket pistols, those 
were the only arms that I carry ; there was a meeting of the Jemo- 
cratie party 'it Holahaii's previous to the meeting of the legislature to 
take legal steps with regard to what course to pursue ; the object of 
this meeting was to prosecute six judges for perjury &c. i. was there 
at that meeting, there was nothing said about the matter of the diffi- 
culties al llarrisburg ; there was a statement made and published rela- 
tive to the returns, which was re-published in the Pennsylvania Re- 
porter previous to the meeting of the legislature. Henry Horn was 
President ; Charles J. Ingersoll was at the meeting and 1 think made 
some remarks. 

Question by Mr. Long — Was there not a determination on the part 
of the prominent members of the Van Buren parly, that the eight 
democratic members from the county of Phdadelphia should take 
their seats without an investigation ? 

Answec. J[ understood that there was a determination on the part of 
the representatives from the county to come here and take their seats ; 
in consequence of representations made to me, [ advised them to pur- 
sue this course. 

Question by Mr. Long — Was it not an understanding that a number 
«f persons came here from the county of Philadelphia to force the 
democratic members in their seats!? 

Answer. They came here to see that their members .obtained their 
seals lawfully. 

Question by Mr. Long — Was it not their determination, if opposi* 
tion had beeii made to take their seats, to force them in iheir seats ? 

Ans. I know of no expression to inte-r r upt the members of the house 
in their proceedings, if the returns had not been transmitted by the 
secretary of the commonwealth. 

Ques. by Mr. Long — Did you not accompany the Speaker, Mr. 
Hopkins, to the platform at the lime he was elected 1 
Ans. I did not. 

JOHN J. M'CAHEN. 



24 

Sworn and subs€r°bed M; y 'lHh^ A. D. 1839, before me, 

JAMES R. SNOWDEN, Chairman. 
Witness discharged. 
On motion of Mr. Cimninghamj 

Committee adjourned until half past 3 o^clock on Wednesday, the 
20th of March. 



Wednesday, March 20th, 1839. 

Pursuant to adjournment, committee met. 

Present: Snowdenj .Roberts, Cunningham, Fiennikec, and Long. 
There being no witnesses in attendance, committee 

Adjourned to meet on Friday, March 22d5 at 3 o'clock P. M. 



Fhibay, March 22d, 1839. 

Pursuant to adjournment, committee met. 

Present : Snovvden, Roberts, Flenniken, Cunnnmgham, and Long. 
No witnesses in attendance, committee 

Adjourned to meet on Monday, March 25th, 1839,- at 3 o'clock 
P. M. 



DAY, March 25, 1839, 3 o'clock P. M. 

Pursuant to adjournment, committee met. 
Present : All the members. 

Mr. Long being excused by the House, Mr. Zeilin, of Delaware, 
was substituted. 

Leave being granted to the committee to sit during the recess, the 
committee, 

On motion. 
Adjourned to meet in Philadelphia, •* at 3rd street Hall,"' on the 
12th of April, 1839. 



25 



PniiiADELPHiA, April 12, 1839. 

Pursuant to adjournment at Harrisburg on the 25th of March, A* 
D. 1839. The committee met at the " Third street Hall," and ad- 
journed to meet to-morrow morning at 10 o'clock. 

April 13, 1839. Committee adjourned to meet to-morrow morning 
at 10 o'clock. 

April 14, 1839. Committee adjourned to meet to-morrow morning 
al 10 o'clock. 

April 15, 1839, Committee adjourned to meet to-morrow morning 
at 10 o'clock. 

April 16, 1839. Committee met. Present Snowden, Roberts and 
Zeilen. 

Isaac Abraham, Jr. being called before the committee and sworn — 
i am constable of seventh ward, Northern Liberties. Mr. Daniel 
Leisinring called on me, and stated, that Mr. Badger wished to see me 
— I went to see him, he took me into a room, and asked me if I 
wished to make money — he cold me, he would give me two hundred 
dollars if I would reduce the majority of the seventh ward, fifty votes, 
he asked me if I could put in fifty votes of the whig ticket — I went 
to my friend next day and told him what had taken place. Mr. Bad- 
ger waited on me next day, promised to give two hundred dollars that 
day, but had no money out of bank. He told me to call at Black 
Bear tavern, 5th street, and he would give me the money — 1 met him 
there, he took me into the Horse stable, took out his pocket 
book, would not give me more than $50 — five tens on the Penn 
Township bank,--he calculated that the democratic ticket would have 
280 majority, and for every ten under that, he would give me $50 ; 
told me to call at his house that evening, and he would give me tick- 
ets — Ritner and Nay lor tickets — some folded and some not folded. I 
took them to Mr. Grim's house, he has them to this day. 1 did not 
intend to do as Mr. Badger wished me to do ; this was 1 suppose, five 
weeks before the election, he told me to do all I could for Mr. Nay- 
lor. Mr. Bela Badger was one o? the return judges of the election; 
I received this money about three weeks before the election ,• I told 
Daniel Jeffries, Daniel Smith, John Grim, John Paynter, the circum- 
stance ; they told me to get all 1 could out of them ; and I also told 
them, immediately after I had got the money, Mr. Badger said I had 
a chance to put the tickets out to people after dark, or evening of the 
election, on my democratic friends, and to people that could not read. 
He sent men there in the evening to put out the lights in my ward ; 
Bully i^'fowry, &c. ; I do not know that he sent them, but seen them 
at his house ; thiis reward was not to interfere with the ballot boxes ; 
I considered this as a bribe, to make votes for the whig cause ; I per- 
formed no services ; I returned no part of the money, kept V, and 
have it yet. Mr. Grim lives at the corner of Charlotte and Poplar 



28 

place. After the adjournment, I went with the judges and nf30st of 
the candidates to take some re fresh nnents ; accordin:T lo appointment, 
I went down and met Mr. McCahcn and Smick, we went to Mr. 
Holihan's — Mr. Smick handed me the packets containing the returns; 
we there put an endorsement upon them in the back room ; the en- 
dorsement stated that the returns were delivered to the sheriff, at 9 
o'clock 45 minutes, A. M. This endorsement was signed by Mr 
Smick, McCahen and myself. We then went over to the sheriff's 
office with the papers — sheriff was not there himself; left them with 
the deputy, Mr. Wolf, in the office of the sheriff, stating that they 
where the returns of the county for Governor, for the amendments 
to the constitution, -for sheriff, for county commissioner, for auditor, 
for the vote for congress, for the first congressional distiict, do. for 
ihird do., returns of county for senators, do. for assembly ; one copy 
of each was deposited with the prothonotary of the county, all signed 
by the tee judges. 

After the company had adjourned, I was met in Chesnut street by 
a gentleman who told me, (think it was Joel Cook.) that some of the 
judges wanted to see me. I went with him into the state house into 
the United States court room, (this was about 10, P. M.) there found 
six of the return judges, Wm. G. Conrow, Bela Badger, Wra. Sher- 
man, Wm. Wistar, xMr. Smith, and a gentleman from Oxford town- 
ship, and others, to wit: James Hanna, George R. bmith, neither of 
these participated ; judge Norris was also there, Wm. J. Crans also, 
Wm. Lloyd also present, and Benjamin Hedges. The judges stated 
that they had taken legal advice in relation lo the manner in which 
the returns had been made out ; they considered that the return judges 
had no right to reject the Northern Liberties ; they asked me if I had 
the papers according to the returns of that day, I told them 1 had — 
they were advised that they were justified to make separate returns. 
They asked me for the use of the papers for that purpose ; they used 
them only to ascertain the vote of Blockley township; the judges of 
that township not being present, the only district embraced in their 
returns, for ihe district tickets, the city, the incorporated Northern 
Liberties, Spring Garden, Moyamensing, Blockley, Germantown, 
Bristol and Oxford. Their county return embraced all except the 
city, and is numbered 3, No. 4 the assembly return, the returns 
signed by the six judges ; after that they were enveloped in the usual 
manner, and endorsed as delivered to the sheriff at blank o'clock, and 
deposited with Mr. Badger to be delivered with the sheriff, all made 
up before 12 o'clock ; a few minutes before 13, the return for Bloc k- 
ey was not there, they might have taken all from my papers. Wit- 
ness produced the original general return from which the returns 
were made ; they agreed with a trifling exception ; they were made 
to agree. The returns for senators were addressed to the Speaker of 
the Senate instead of the Senate; this error was accidental. 

The reason why we did not hand over the returns made by Mr. 
McCahen and Smick and self, was because the offices were closed, 
after the Northern Liberties had been rejected, the seven judges par- 



US 
€15 



00 
U3 



«2 

O 







D 



•*^ 

^^ 
I— I 

(U 

S3 

s 

CD 



OS 

Ci 



Q 

Q 
Q 

ffl 

H 
I 

C^ 

O 
O 



o 
la 

a> 




O 



!£) 
O 
CD 



I— f 
c3 
C 

o 



13 

a> 



s 

o 

o 



u 

OS 


o 




S" 
a 


* 


- ua 


fQ 


a> 


0) 


"72 

0} 


o 


^ 


>-^ 


o 



I© o 



a xi. 



rtO 



tad 



'^ ^-a 



PH.2 



^ 


tw S 


iM 


" 0) 


^ 


^■.•^ 


«»i> 


d d 


^ 


3 o 








-^ 2 



C 03 



El ra 



0000030^030 

oaacoaegiao 



C.c 'S 



Ph 


« 


Q 


r- 


fc< 


O 




2 


o 


a 




W 




(33 




p^ 


>^ 


W 




Q 


i-i 


!> 




2 


2 


O 




N 


D 


O 


o 
in 




O 




^ 


CJ 




!0 




o 








2 











J5 a 






1^ 






'S « 


W 




C3 ci 


O 




a« 


w 


t^ 




72 


fe 




S 


2 




S 


a 




o 


s 




u 


02 


00 IM 




CO o 

CO 00 


>^ 




in lO 


Lri 






z 
o 



y ^ 



o > . 



^ 




(» 


, 


O 




« 




^ 


3 


o 




Q 


M 

as 
p 


a a 

6i 


"S. 










a 


ca 


p^ 


<; 
Z 

a 






" 


S 
M 


o 










>-l 




lO 


o 






^ 




CO 


03 
-9< 






z 




o» o> 







. = - = S lo 'S, 



TO in lO ■* 'c K5 ;* 3 

030303030103^03 



0, o 
•3 OS 

a (« 



Em ^ 






« e o 

is s 



2 5S-C 



-.0.^ 



C Cfa 



W 



cj a — :^ — E'E^S 



Gej;,use of Repre- 
s^neral Election 
h ninth dav of 

c 







r. ROBBINS. 



Page 29 



^ssesiiM-if^ 



4 



General return of votes for Representatives of the county of Philadelphia, in the House of Repre- 
sentatives of the General Assenoibly of the Commonwealth of Pennsylvania, at a General Election 
held at the several election districts in the countj' of Philadelphia, on 'I'uesday the ninth dav of 
October, A. D. 1838. 



Persons votct! for. 



Michael Day, 
A(l;im Woelpper, 
William F. Hughes, 
William Loyd, 
William J. Crans, 
Samuel V- Reed, 
Benjamin R. Meers, 
Jesse F. Smith, 
Charles Prav, 
John W. Ryan, 
Miles N. Carpenter, 
Thomas H. Brittain, 
Abraham Helfenstein, 
John W. Neshitt, 
Thomas J- [leston, 
Benjamin Crispin, 



I'llu.Anr.i.i'uiA, April 25, 18.10. 



8131 
3184 
3182 
3143 
3180 
3161 
3134 
3151 
2100 
2125 
2165 
2173 
2131 
2131 
2133 
2174 



Ui 




•a 








a 




0^5 


g 


1 O 


f5 




tn 






D. 




P 


crq 


1634 


400 


1 1043 


490 


1040 


499 


1637 


466 


1041 


511 


1043 


523 


1037 


4 GO 


1037 


465 


1337 


381 


1339 


359 


1334 


380 


1337 


401 


13:i8 


3CS 


13J1 


303 


\ 1:^39 


307 1 


> 1339 


400 ' 



208 
206 
208 
2(10 
207 
207 
2i8 
206 
207 
200 
207 
207 
207 
200 
212 
207 



A true cojiy of the original 



48? 
481 
481 
481 
4S1 
481 
482 
481 
381 
381 
379 
382 
382 
38 .i 
381 
381 




0344 
0426 
6432 
63^5 
6442 
6455 
6346 
6372 
4812 
4757 
4814 
4849 
4771 
4770 
4779 
4840 



SAMUEL J. nOBBINS. 



Page 29 

General ret 
of Penns 
held at th 
October A 



umonwealth 

Election 

[nth day of 



}^1 



Pers 



o 



.- 

James Hai 
William \1 

In place of A 
Charles Bl 
Samuel Stj 

In place of A 



6288 
6308 

4858 
4839 



^BBINS. 



Philadkl: 



Philad; 



Page 29 SemutOT^ 3 

General return of votes for Senator in the Senate of the General Assembly of the Commonwealth 
of Pennsylvania, for the district composed of the county of Philadelphia, at a General Election 
held at the several election districts in the county of Philadelphia, on Tueeday the ninth day of 
October A. D. 1838. ^ ^ 





a' 

" 


-a 
5' 



I 


r 



pj 


CD 
0, 















2 


»-^ 


^ 








Persons voted for. 




B 

a 

3 


CO 

a 


5' 

TO 




5 
a 








James Hanna, 


3135 


1612 


415 


208 


500 


144 


374 


6388 


William Wagner, 


3147 


1612 


422 


307 


502 


144 


274 


6308 


In place of A. M. Peltz, deceased, 


















Charles Brown, 


3156 


1356 


422 


205 


363 


136 


229 


4858 


Samuel Stevenson, 


2140 


1353 


421 


307 


363 


126 


229 


4839 


In place of A. M. Peltz, deceased. 



















A true copy of the original, 



SAMUEL J. ROBBCNS. 



PfiiLADKLrHiA, April 25, 1839. 



_J 




Page 29 



General return ^nnsylvania, 
for the distria at the sev- 
eral Election ^ober A. D. 



1838. 










3 


CD 
'J-i 


1-5 

c 


Persons voted f 




3 






! 

! 
) 








k_~ 


,«-._,- 






1 



James Hanna, ;S8| 

William Wagner, ^BS 
For the nnexpireil j 

A. M. Pehz, 1 

Charles Brown, il8 
Samuel Stevenson, IS 
For the unexpired t 

A. M. Pelt 
Wm. Loyd, 



S9i 



123'! 
1231 



G330 
6343 



78S1> 
7870 



kOBBINS. 



PHlLADELrniA;! 



V * iiiitiiii o ' 



Samuel F. R(^'^3 
Benjamin R. ^^'^ 
Jesse F. Smi^' ^ 
Charles Pray^'^O 
John VV. Ry^l'^' 
Miles N. Caf 69 
Thomas H. f^^^ 
Abraham Hel^^''' 
John W. Nei^lQ 
Thomas J. If 1^ 
Benjamin Crp^- 
H. Corbit, 
D. Bender, 



Philai>] 



Page 29 



&em€Mi@r^ 



General return of voles for Senator in the General Assemljly of the Commonwealth of i'ennsi.ivania, 
for the district composed of the county of Philadelphia, at a General Election, held at the sev- 
eral Election Districts in the county of Philadelphia, on Tuesday the 9th d?,y of October A. D 

1838. 



Persons voted for. 



James Haniia, 

William Wagnrr, 

For the unexpired term of 

A. iM. Peltz, 
Charles Brown, 
Samuel Stevenson, 
For the unexpired term of| 

A. M. Peltz. 
Wm. Lf.yd, 



Philadki.iiuA; April 25 1838. 







t-^ 


-g 






m "" 


Oq 








o 










• C^ 


c 


s; 


. r3 


o 








s- 




1 




" 






1012 




IG12 




1356 




1353 

1 



•^ ^ o 


ts; 


■V 


r; 1 
















«5 1 


















09 j p 


^ 






2 ' ?r 


~ 


Ft 


"' 


\ 


"? 




"? 


995 1090 


415 


54 


48 


990 1093 


42'? 


54 


48 


1 
1787 1541 


422 


155 


130 


178315.39 


421 


155 


130 

1 
1 



208; 208 
207; 29S 



206 405 
20 H 4Q:^ 



A true cop)' of the original, 



« 1 
.3 


cp 


^ c 


C 


- 1: 


f 




1 




^ 


'. 


3 1 


c- 


>~i 


•i 


»-: 


-a 









" £■ 




f?, 


« 











































3 3 




S'SC 


cr- 


■j- 


O) 






H tS 




■ 5; 


■u 


■33 


S" 








:"* cr 




c 





° 










:J47 


274 


• 
124 


^■i 


88 






500 


M4 


89 




£02 


Hi 


u-i 


274 


124 


44 


88 


89 




.-^cs 


12s 


373 


229 


267 


268 


118 


123 




;;o3 


126 


377 


2-29 


207 


268 


118 


123 





0330 
6343 



7830 
7870 



SAMUEL J. ItOBI5INS. 



||MfbMt<H)i(>Uulf, ^fulfill 



Page 29 



General ret^e- 
sentative^c- 

tion, helJaj 

of Octob^ 



Perfeons v 



- ■ "■■■ ~ ' . ■ >■ I.—* -*i 

Michael Dav,^62 
Adam VVoefpJ^^^ 
William F. tpQ^ 

William Loyf "^^ 
William J. CP^^ 
Samuel F. Rf '^^ 
Benjamin R. y^f ' 
Jesse F. Smit^^S 
Charles PrayP'^0 
John VV. Rv^l'?' 
Miles N. Caf <59 
Thomas R. i°^9 
Abraham Hel^ST 
John W. Nei 



.318 



Thomas J. IFl^ 



Benjamin Or 
H. Corbit, 
D. Bender, 



1922 



PlIILAD] 



P-dge 20 

Gencr'il 

sentatives oi lue v^eiierai /vssernuiy or ine ooinmonweaiiii or reniisyivania, at a Ueneivl liilec- 
tion, held at the several elecliou districts in the county of Philadelpiiia, on Tuesday the ninth day 
of October, A D. 1-38. 



return of votes for Represer-tatives of the county of Pliiladelphia, in the House of Reprc- 
ives of the General Assembly of the Commonwealth of Pennsylvania, at a General Elec- 



Perboiis voteil for. 



Michael Day, 
Ailaill VVnelpper, 
William F. Hughes, 
AVilliain l.oyd, 
William .(. (Oralis, 
Samuel I''. UectI, 
IJoiijamiu H. Meers, 
Jesse 1'". Smith, 
Charles Pray, 
John VV. Ryan, 
Miles N. Carpenter, 
Tliomad !i. Uriltaiii, 
Abraham llcU'eiisteiii, 
John W. Nosbitt, 
Thoin-is J. Heston, 
Uenjamin Crisjiin, 
,U. Corhit, 
D. Uender, 



1634 
1643 
1640 
1037 
lti41 
1G42 
1637 
1637 
1337 



875 
897 
8i)5 
8H0 
895 
896 
81^(1 
883 
1799 



1339178: 
133'M804 
1337,1801 
1338 1780 



1341 

1339 

1339 

1 



1789 
1788, 
1804 



1(83 
1119 
11 CO 
1092 
1133 
1113 
1093 
1092 
1563 
1543 
1 560 
1565 
■547 
1534 
1534 
1561 



460 
490 
499 
460 
511 
533 
466 
465 
381 
359 
'38ii 
401 
368 
30-^ 
367 
400 



57 

57 

58 

57 

56 

CO 

57 

57 

153 

153 

153 

153 

153 

153 

153 

153 



O ? 







50 


208 


50 


206 


50 


208 


50 


21)0 


50 


207 


00 


207 


50 


208 


50 


200 


138 


207 


13N 


200 


13,- 


207 


138 


2(i7 


13H 


207 


138 


206 


137 


312 


138 


407 



301 j 483 
301, 481 
3011 481 
301! 481 

300 4a 1 

301 481 
301j 483 
3011 481 
406| 381 
406; 381 
405j 379 
406, 382 
406i 383 
406' 383 
403|'381 
406 381 



144 
145 
145 
145 
145 
145 
143 
145 
123 
133 
133 
133 
12c 
123 
133 
133 



A true copy of the original 



tr 


O 


c 


'V 


-0 




.■i % 


X 


o 5. 


a 


3 


■< 




^ 




i 


3 


•V 


|S5- 








s 




^ n 




S' re 


^ 


=r 


c 


2- * 




M C 


"O 


•o 




1-^ 




e 


5 


o 


ct; 














'^ 












340 






47 


" 


88 


279 


122 


80 


341 


377 


123 


47 


80 


91 


343 


277 


123 


47 


80 


91 


340 


277 


123 


47 


80 


91 


334 


377 


133 


47 


86 


91 


336 


276 


133 


48 


80 


91 


339 


'i77 


123 


47 


80 


91 


331 


287 


117 


47 


80 


91 


381 


233 


271 


207 


119 


122 


381 


3-24 


271 


267 


11!. 


121 


383 


226 


273 


206 


11!) 


121 


I 383 


■!26 


271 


367 


110 


121 


383 


223 


277 


207 


119 


121 


381 


224 


371 


207 


119 


121 


1 381 


324 


271 


267 


118 


121 


j 307 


235 


271 


207 


119 

1 


121 



6262 
6354 
6304 
0279 
0:177 
6373 
6377 
6275 
7870 
7817 
7809 
7899 
7837 
7818 
781» 
7922 



SAMUEL J. KOIiHKNS. 



I'iiiLAi>Ri,i'iiiA, April 25, 1830. 



ticipated so far as to report their vote, except Mr. Badger who was 
not permitted, they protesting against the whole proceeding, besides 
the returns that were signed by the ten judges ; notices of the elec- 
tion oi Charles Brown, Stevenson, as senators; and Pray and others' 
as members of the house, were made out and handed to the persons 
elected, and £U3h as were present. All the judges still remained 
present except Mr. Fraley of Blockley, who was unwell, these returns 
where offered to the six judges to sign or an opportunity was given 
for them to do so. I consider the returns ordinarily complete when 
a majority sign the return. I have officiated as the return clerk, &c. 
for 17 or 18 years, it is not customary for all the judges of the city 
to sign the returns. 

Question by Mr. Zeilin. — Has it not heen frequently alledged that 
the votes in the North Ward in the city, exceeded the number of tax- 
able inhabitants, and in other districtsof the city also ? 

Objected to, so far as respect-s the city, and not permitted to be an- 
swered by the witness. 

There are more raxables in the county of Philadelphia then votes 
were given for the office of Governor, the vote given for governor is 
19456, laxables 3s per last assesment for 1839 is 31539= 
Incorporated Northern Liberties, 7783 

SpringGarden, - 4998 

Kensington, 4*72 

Southwark, 4260 

Moyamensing, 2074 

Pasyunk, 368 

Kingsessing, 310 

V/est Philadelphia, 284 

Blockley, 707 

Roxborough, 1214 

Germantown, 1209 

Bristol, 357 

Byberry, 243 

Moorland, * 111 

Lower Dublin, 738 

Oxford, ^ 839 

Unincorporated Northern Liberties, 602 

Penn, 771 

As certified to the superintendent of the prublic schools in Manayunk, 
part of the township of Roxborough, perhaps half of the tax list not 
voters. Witness produced a paper showing the actual vole given in 
the city and county of Philadelphia, for all the candidates at the elec- 
tion in October, 1838. [See No. 5.] 

SAMUEL J. ROBBING.. 
Sworn and subscribed the 17th April, 1839, before me, 

JAMES R. SNOWDEN, Chairman, 
Witness discharged. 



30 

Charles Hiwmle, affirmed. 

Says, a few dikys before the general election, at a meeting of the 
judges, &c. for the correction of tiie re;^isters of the 4th ward. North* 
ern Liberties, this was in third street, Mr. Badger was there, he was 
a judge of the election, Mr. Kimber, inspector, and the constable 
Charles Roberts, and several others; there was a person came to be 
legistercd. (Witness produced a book by which they corrected the 
registery.) Some person came to be registered, a question was raised 
as to his right to be placed on the registry. We on the out side had 
something to say j; do not know whether for or against. Mr. Badger 
said we had nothing to say, they were judges of their own business^, 
if you will let your man alone, (meaning Mr. John Miller,) he would 
have given us fair play; Mr. Miller had the book containing the 
names, and correcting the names in same manner of the officer; Mr. 
Alexander Brown h^ something to say, and saying to Mr. Badgtr^. 
**then you do intend to cheat us," he (Badger) replied, "yes,, now 1 
will cheat you, and would place all the obsticlesinthe way he could," 
the judges gave no information of the election, although a candidate 
for inspector on the democratic tickeJ^ I never learned what namber 
of votes I received. 

CHARLES HINKLE. 

Affirmed and subscribed before me the 17th of April, 1839. 

JAMES R. SNOWDEN. 

Chairman. 
Mr. Hinkle is discharged from further attendance. 

On motion, 

Adjourned, until to-morow morning at 10 o'clock. 



April 18; 1839.. 
Committee met agreeably to adjournment, and 

Adjourned to meet to-morrow niorningat 10 o'clock, A. M* 
No witnesses in attendance, and •ubpoenas not relurued. 



April 19, 1839. 

Committee met, agreeably to iidjournment. 

Wm. B. Reed, Esq. sworn. 

Witness denies the right to be examined. 

All that I now remember is, that after the disturbances occurred at 
Harrisburg, Col. John L. Wolf brought to my office a letter from the 
Governor to Gen. Patterson, it was a requisition calling out the 
troops to suppress the insurrection at Harrisburg, I think, but am not 



31 

serlain, that there was also a letter from the Governor to Col. Wolf, 
there was in one or the other letter a direction to confer with me as 
the Attorney General, and I think. there was a discretion giv«n to me 
or Col. ,Wolf to withhold the order until the next mail or until they 
heard from Harrisburg, nor will L be very certain whether this liiscre- 
tion was not exercised by me without authority, considering the step 
of course an important one, and feeling that a full share of the re- 
sponsibility rested upon me as the legal adviser of the Governor, I 
thought it best to pause until further intelligence should be received. 
fjwas in constant communication with the Secretary of the common* 
wealth, not officially. I desire to be distinctly understood to say. 
ihat I then approved and still do approve of the action of the execu- 
tive in calling out the troops, and whatever responpibility there is, I 
desire to share it- My absence from the seat of government preven- 
ted my being consulted, but had I been at Harrisburg Ishould have 
approved of the measure; the next day I received such intelligeuce 
by letter to me or communicated to me by Mr. Wolf as induced me 
to think ,the order oughjt to be delivered; the letter to Mr. Wolf con- 
stituted him an aid for the execution of this order* 

As Mr. Wolf was directed to confer with me, I considered the 
matter in my hands as the adviser, I presented the order to Gen. Pat- 
terson ai his* house in the evening, having delivered the order to th« 
General I considered my duty was diane, having nothing to do with 
military details; r used no arguments to Gen. Patterson to induce 
him to obey the order; I should have thought it an insult to have done 
80 to a military officer; he expressed no hesitatiou in obeying the or- 
der; I was anxious that the troops should get off as soon as possible; 
I saw Gen. Patterson two or three times about it; Isaw Mr. Stevens 
before the meeting of the legislature, at Philadelphia; none of the 
canal commissioners being here; saw Mr. Stevens at the United 
States hotel, he dined with me; there was conversation on the sub- 
ject of the county election;, we spoke on the subject of the two re- 
turns; I'Considered the whig ticket electedand think so still; it was 
my opinion as the legal adviser of the Governor, I thought that the 
return signed by the six judges was the legal return cf the two. 1 
advised the whig members to go to Harrisburg and take their seats, 
f was consulted professionally on the afternoon of the meeting of the 
return judges, they expressed no unwillingness to go to Harrisburg; 
r bad correspondence on this and on other subjects with Mr. Burrows 
both before and after tho election, he acknowledges the fact of having 
received the return signed by the ten judges, it was understood by 
me that the minority return signed by the six judges should be sent 
to the House of Representatives, this became the more necessary, 
because as I understood from the Secretary of the Commonwealth 
that Mr. M'Cahen, the return clerk, told him that the first return 
signed by the ten judges were not legal returns, I saw Mr. Burrows 
at Harrisburg before the meeting of the legislature, and saw him 1 
think at Philadelphia; the senate return was made out according to 
professional instruction. 

[See No- 1, of April 23, 1839.] 



32 



April 20, 1839, 



Subpoena issued for Daniel Hofz, Daniel Jeffries, J. B. Kline, John 
Abrahams, Henry Simpson, Michael D. Waterman, Joshua Fleichery 
Geo. Wartnaby. 

Returnable on Monday, the 22d inst. 

On motion, 

The committee adjourned to meet again at 9 o'clock to-morrow 
morning. 

No witnesses in attendance. 



April 23, 183B, 

Examination of Wm. B. Reed, Esq., continued. 

It was moved and seconded that the committee proceed to the fur- 
ther examination ofWm. B. Reed, Esq. 

Agreed to. 

Wm. B. Reed, Esq., appeared, reada statement of his (estimonyy 
which he desired to place upon the records of the committee. 

On motion of Mr. Cunningham, 
It was moved and seconded, that the statement made by Wm. B. 
Reed, Esq., be received and placed upon the proceedings of the com- 
mittee. 

Not agreed to. 

The committee then proceeded to the examination of Wau B. Reed, 
Esq. 

Having been interrogated relative to my knowledge of what took 
place before the return judges, I desire to state all I know concerning 
the meeting of the return judges. At the time the return judges were in 
session, I was at court attending my business ; there was a great con- 
cours3 ot persons and a great excitement in and about the state house. 
In the latter part of the morning, I was applied to, to attend as coun- 
sel before the return judges; it was not by one oi the return judges j 
do not remember who made the application ,* I was informed that Mr. 
Ingersoll and Mr. Charles Brown were there ,• that Mr. Ingersoll was 
making a speech, and that some of the return judges were examining 
witnesses ; I refused to go in, and stated that I would not sanction by 
my presence the intrusion of any person before the return judges ,* I 
recommended, in case a disturbance should take place, that the police 
be sent for, and arrest those who should create a disburbance ,* late in 
the afternoon, 1 was applied to for advice and counsel. Having 
stated in my former examination that I was consulted professionally, 
I desire to say, that on refiectioa I do not consider the application 
made or advice given as professional. If I did so, I should not be 



^33 

willing eor would the committee, being conaposed as I believe of Fiv« 
•Lawyers, permit me lo say so, i was consulted in connexion with Wm. 
M. Meredith, Esq. The gentlemen who waited upon me were M r. Mar- 
shall Sprogell and Mr. William J. Crans, they informed me that the 
reiurns of the Northern Liberties had been rejected. Our advice was 
this. That a return without the Northern Liberties (that return being 
• rejected illegally as we thought,) would be illegal, andthatthe judges 
should never consent to sign a return excluding the Northern Liberties, 
that they should unite with the return judges in signing the return 
with the Northern Liberties included, that in case the Northern Lib- 
erties return was rejected, a demand should be made on each of the 
ten judges to exhibit his return from each of his districts, and from 
ihem after a personal examination a full return should be made, in- 
cluding the Northern Liberties and signed by the seven judges; but 
but if after a formal demand the ten judges or either of them, refused 
to exhibit their returns, that such of the judges as desired to do their 
-duty, should prepare a -return stating the fact of such refusal, and that 
their return was.as perfect as they could make it. I recollect dis- 
tinctly advising them to insist upon a personal examination of the re- 
turns, because 1 had reason to believe that one of the returns "the 
' Kensington return," was not either a genuine paper or mutilated. I 
will further state that both Mr. Meredith and my own advice was given 
without^going into the room of the return judges ; and was sent by the 
gentlemen who called upon us, I had no consultation with either of the 
, judges, I had a conversation with Mr. Hanna, I adviced the sending 
of the returns by the Sheriff to Barrisburg on that evening. 1 was 
not attorney for the Sheriff, and had no conversation with him upon 
the subject. It was desired that these returns should be sent to Har- 
, risburg in order to get there first, I mean the return including the 
Northern Liberties, because I considered them the best, this is the on- 
ly reason why I desired these returns to go first. I thought that the 
returns sent by the sheriff should be received by the secretary of the 
commonwealth as the true returns, there are seventeen different dis- 
tricts in the county of Philadelphia, — the returns that I thought ought 
to get there firat, included as 1 believe seventeen wards, I considered 
this as the better return because as I understood there was no district 
wilfully rejected; I mean to say — that the return judge of the North- 
ern Liberties, offered his return which was rejected by a vote of the 
judges. I believe the return sent to Harrisburg -was handed to the 
Sheriff before 12 o'clock that ni.ght. I went to Harrisburg on the 
.29th of November, remained there until the 30th, and returned on the 
1st of December, during that time I attended no ifneeting of a politi- 
cal nature, formal or informal, being occupied at the Nicholson board 
of which I was a member, 1 had a conversation with Mr. Burrowes, 
■ and advised him to send the returns received by him from the special 
-messenger of the Sheriff to the House, and if there were any other 
returns he should retain them until called for by a committee of the 
bouse. I took it for granted that the returns sent by the sheriff would 
select Hanna and Wagner — this knowledge had not the slightest influ- 



M 

e«ce in ray advice to the secretary of the commonwealth to send them- 
to the Hou='e of Representatives. My impression is that during the 
lime I was at Harrisburg Mr, Stevens was there. Between the elec- 
rjon and ihe meeting of the legislature I attended no cnueusses either 
with the members from the city or county of Philadelphia, if there 
were such caucusses as 1 take it for granted there were. I not being 
a member, had no invitatiofi, nor was not there. I saw Mr. Hanna 
daily in court, Mr. Wagner called at my house after the election; I 
called to see Mr. Stevens at the United Statf^s Hotel. I had several 
conversations with him, but do not recollect what passed between ^us„ 
Go the morning of the 7th of December, I vrrote a letter to the Gov- 
ernor, read it to General Robert Patterson on the morning of the 8th, 
^nd by him taken to Harrisburgand deliveredj, of which the following; 
g« a copjo 

Office of the .Attorney General, > 
Philadelphia, Bee. 7, 1838. I 

Beak Sik.— This letter will be delivered to you by. major genera! 
Patterson, who repairs to Harrisbarg in obedience to your ojders with 
a portion of his division. On his arrival he will report himself to 

you. 

The employment of the military after they are placed directly un- 
der yeur command is a matter of so much moment and delicacy that 
I feei it to be my duty to communicate to you the course which the 
law unquestionably authorises. 

I recommend, that application be regularly made to the president!; 
fudge of the court of Common Pleas, or in his absence, to some au- 
thorized magistrate, for warrants against the principal agents in the 
recent outrages, charging them with whatever offences the evidence 
authorises. These should be put at once into the hands of the 
sheriff or constable, with instructions to serve them, and at all haz-^ 
ards make the arests. 

The military force should be directed to co-operate with the civil 
officer in making the arrests- I have little doubts that so soon as- 
Ihe ringleaders are taken and properly secured that order will be ef- 
fectually restored. I am unwilling to suppose that any magistrate 
would hesitate to commit or bind over, on such evidence as I presume 
can be adduced, but in any event heavy surety of the peace must b# 
demanded. 

Th?. protection of the legislature and executite departments, whose 
functions are now suspended by violence, must also be ensured. 
This can be done not only through your orders but by the directions 
of the Speaker of the Senate. His authority to depute is clear. 

As to the question which appears to be pending' between the two^ 
bodies, each claiming to be the House of Representatives, it is clear 
tthat there should be no mterference, each is entitled to the protection 
of the authorities, and each, so long as it does not interfere with the 
other is to be regarded as a peaceful assemblage of citizens, whos^ 
(respective rights are hereafter to be determined^. 



35 

The capitol should also be protected both within and without. 
That at the hour each claims for its session there should be no inter- 
ruption. 

This can, I presume, be easily and peaceably effected, the precise 
mannej in which it is to be done, I of course at this distance do not 
pretend to indicate, I am without any intelligence to-night from 
Harris burg. 

I am with great regard, yours, 

WILLIAM B. REED. 

I was «ient far by the Governor on the ninth, I went to Harrisburg 
on the 10th, and remained there until the 16th, the troops were at 
Harrisburg at the lime. 

Wm B. Reed read and presented a protest in which he denied 
the right of the committee to examine him, and desired the same to 
be entered on the proceedings of the committee. 

Mr. Zeilen, moved that the protest of Wm. B. Reed be received and 
entered on the pioeeedings of the committee, which was not ao-reed 
to. 

WILLIAM B. REED. 

Swarn and subscribed, April 23rd, 1839, before me, 

JAxMES. R. SMOWDEx\\ 

Chairman, 
Witness discharged from further attendance. 



Alexander Brown, affirmed. 

At a meeting of the inspectors and judges 4th ward. Northern 
Liberties, on the 2 October, 1838 ; I called then witha young mfin to 
have him registered ; Mr. Hinkle and Miller prepared a list of names 
that they were aboutchallenging; in a convi^rsation with Mr. Badger 
he got very angry ; Mr. Badger said, if we had let our man alone, 
alluding to Mr. Miller, we should have had fair play ; Miller was 
standing at the door way, I turned around to him, and said, you do 
intend to cheat us, do you ? or you intend to cheat us then ? his ans- 
wer was, " I will cheat you," he would give us as much trouble as he 
could, or a great deal of trouble ; there was a good deal of excite- 
ment, as is usual at elections times. Mr. Badger was anorv at this 
time ; Mr. Miller was appointed by the citizens to attend there. I 
was examined before the return judges ; Daniel Jeffries was also ex- 
amined ; I am a citizen of the 4th ward. 

ALEXANDER BROWN. 
Affirmed and subscribed April 19, 1839, coram, 
James R. Snowden. 

Witness discharged. 

April 19, 1839. Adjourned to meet toviiorrovv morning at 9 o'- 
clock A. M. 



t 

April 20, 1839. Committee met agreeably to adjournment 

Wm. Wagner, called and sworn. 

Says, never had any correspondence with Mr. Burrowes, in rela- 
tion to organization of the house of representatives; 1 received a 
printed circular from him, as chairman of ihe central committee; the 
purport WHS, that the members should appear at Harrisburg on the 30 
of November, it was my intention logo to Harrisburg. It was my 
intention to go to Harrisburg after being notified by the judges ; 1 
had some doubts previous to that. In conversation with several of 
ihe electors of Germantown, where I reside, it was their wish that I 
should go ; they said the other members meant to go ; no arrange- 
ments were made as to ihe organization of the legislature, until they 
arrived at Harrisburg, that I know of; there was an impression that 
we w^ould get our seata. I saw Mr. Stevens at the Rubicon house, in 
company with the other members ; I suppose this was about the mid- 
dle of November.; there was present, Mr. Smith, of the city, Mr. 
Jesse F. Smith, of the county, Dr. Meers, Adam Wolper, Mr, Zeilin, 
and generally the members of the whig party. There was no ar- 
rangement made at that lime, how the house should be organized; 
this was merely a social meeting; I never made wp my mind to go 
Harrisburg; had no wish to go, until I had received notice, I then 
mad« up my mind to go. When I left the meeting at Rubicam's, I 
left Mr. Stevens there. It was resolved in caucus, at Harrisburg, to 
go by the returns as presented by the secretary of the commonwealth* 

WM. WAGNER. 
Sworn and subscribed, April 20, 1839. 

James R. Snowden. 
This witness discharged. 



Third-street Hall, Philadelphia, ? 
Monday, April 22, 1839. \ 

Committee met pursuant to adjournment. 

Present: Snowden, Cunningham, Flenniken, Roberts and Zeilen* 

Daniel Hotz, Jr. called and sworn. 

I reside ill the 1st ward of Spring Garden; about iive minutes be- 
fore the pollb closed, the judges, Mr. David Woelper and Mr. , 

ail went away from the polls, but Mr. Rowan, who was one'of the 
clerks of the election. Mr. Rowen was the man we were watching.; 
Henry Simpson stood near the window, and I stood a little back. — ■ 
1 was speaking to Mr. David Woelper about Mr. Rowen, stating that 
he had cheated at the last election. Mr. Rowen came and put his 
face to the hole in the window, and I saw him putting his hand in the 
Mllot boxes ; my impression is it was the boxes containing Governor 



37 

and' Congress tickets ; I told this to Henry Simpson, he called out to 
Rowen, you damned rascal we have caught you, for we had been 
watching you during the day. I told Simpson that he would find 
tickets lying on the table ; Adam Woelper came and said he did not 
suppose Rowen would do any thing with those tickets ; Rowen set 
down and was abused for his conduct. Between the box for Gov- 
ernor and Congress there were two or three tickets lying ; Wcelper 
asked what they should do with those tickets, I requestdd him to give 
them to Henry Simpson ; he did so ; Simpson opened them and I saw 
they were Congress tickets. At the time Simpson called to Rowen, 
he quick put his hand in his coat pockets. I suppose the polls closed 
at 9 or 10 o'clock, P. M. One of the tickets opened was Congress, 
Charles Naylor; the other, Congress, Charles J. Ingersoll". Rowen 
is a whig in politics, he bad been an officer of the 1st ward at previous 
elections, and from his conduct at that time, it was the general im- 
pression that he should be watched. I do not know whether he is a 
resident of the 1st ward, Spring Garden, or not. At the time Rowen 
was accused of defrauding, he made no reply or explanation of his 
conduct, or did not offer to have his pockets examined. Cross ex- 
amined ; I was at the window, the boxes were immediately in front of 
the window* Henry Simpson resided in the 1st ward. Spring Gar- 
den, and is an officer of the general government. I never heard of 
any tickets being found on the floor at any election before; I have 
seen difFeren* tickets in different boxes at elections. I do not know 
where Mr. Rowen resided, or vvhat his business is; I am a butcher 
by profession. I cannot say whether there was any change of tickets 
at the time Rowen pui bis hands in the boxes ; he had a paper in his 
hands at the time. I do not know whether the number of votes polled 
on that day exceeded the number of voters. Michael Watman, Hen- 
ry Simpson, Thomas Hart and myself, were at the polls during the 
day. challenging votes. I do not hold nor never did any office under 
the General Government, or any other office of any kind. At the 
time I saw Rowen have these tickets in his pocket, he was told by 
several that be bad them there. I arrived at Harrisburg a few days 
before the 1st of January. Report stated that the sheriff had procured 
clubs and hired men to beat us from the polls ; I saw the clubs ; there 
was a house in the 4th ward of Spring Garden, in which there were 
about one hundred men. I saw these clubs at the corner of 7th and 
James' street, and was told at that place that they were made by order 
of sheriff VVatmough,or had been sent there to paint by him ; he told 
me there were five hundred clubs, about two and a half feet long, and 
one and a half inches in diameter. I saw none of these clubs on the 
dayof election ; the general impression was that the sheriff intended 
to have a body of men in the 1st ward, Spring Garden, and take pos- 
session of the polls in that ward. I saw these men at Thomas Tern 
pie's house, about four or five doors from the polls, on that day; I 
suppose there were from 50 to 60 ; the sheriff does not reside in that 
ward. In the third ward a man by the name of John McMichae 
came to vote, they stated he had voted twice, they took him and give 



38 

him to the sheriff; when the sheriff found he was a whig, he left him 
go; he was raced up 8ih street, taken and rescued; he was let go 
and arrested the second time. A whig by the name ofHawes took 
hold of the bridle of the sheriff's horse, and assigned as a reason that 
the sheriff acted unfairly; ail parties said that if it had not been for 
the sheriff there would have been no disturbance. I am not in the 
habit of attending meetings, except delegate elections, Henry Simp- 
son before referred to is an officer of the Custom House. 

DANIEL HOTZ, Je, 
Sworn and subscribed this 22d day of April, A. D. 1839. 
James R. Snowden. 

This witness dtscharged* 



John Abraham, sworn: 

I reside at the 4th ward of Kensington, on the day before the gen- 
era! election, 1 saw George Hacker at the state house, who was 
either judge, inspector or cierk of the election in the 5th ward" Nor- 
thern Liberties; I told him the Ingersoll men claimed a majority in 
the 5th ward, Northern Liberties; he told me that Nay lor would 
have a majority of two hundred in that ward, and if there was not 
that majority, he would make that majority or more, h(5 warned me 
not to bet on Ingersoll; that if Ingersoll had six hundred majority he 
could not be elected in the third district — that he did not intend to eat 
any thing that day, (pulled out his vest) and intended to swallow In- 
gersoll tickets. 1 knew Hacker to be an officer of the election. I 
was examined before the return judges, so was Mr. Hart; I am at 
brother to Isaac Abraham, he is a constable of the seventh ward, 
Northern Liberties ; I am a butcher by trade; I was at Harrisburg on 
the 4th of December ; I went to Harrisburg in the cars, with a number 
of persons ; I paid my own fare; I knew a few persons in the cars; 
Mr. Whatman v,'as one, my business at Harrisburg, was to see what 
was going on there. I wanted to see how the dispute about the coun- 
ty ticket would terminate. I never had any communication with any 
person .ibout going to Harrisburg. I was in the house of repre- 
sentatives on the fourth of December; I remained there until the dif- 
ficulties at Harrisburg were ovfr; I sat m Mr. Stevens chair, when 
Stevens rose to tell Michael Day to vote for Mr. Cunningham, before 
they began to vote for speaker. I went round the galleries; I saw 
Mr. Stevens give a roll of notes to one of ih;." Hallifax bullies to divide, 
who stood near me; I saw hir.i tnve two or three of them five dollar 
bills; these persons stood behind him, and heuas telling them how to 
act; he held his head down to a man who had a white hat on, and 
whispered in his ear; there weiea number of persons around Mr. Ste- 
vens, they weie the same men I saw afterwards ; I could not tell what 
Mr. Stevens said to them ; there were no others along side of Mr, 



Stevens but the halilax bullies. I know Charles Watman; I did not 
take notice wheUier any olher person was there; I saw a small man 
tf'.orne up and write his (Steven's) name on the desk ; when Mr, Stevens 
rose, I was crowded and took his seat ; there were a great many at 
Harrisburg that day I I suppose, two or three hundred, lam well 
acquMinied in the county of Philadelphia ; th€re were about a dozen 
whom I knevi' personally as being from the county of Philadelphia- 
I knew Mr. John R. Walker, Marshall ^Sprogeli, Alfred Clarke and 
Charles VVatman ; saw them in the house, also VVilliam Warner. 1 
never attend any meetings but delegate meetings ; I know of no mo- 
ney being raised to pay men to go to Harrisburg. 

Question by Mr. Cunningham : — Had you any v/eapon with you s.l 
the time you was at the hall of the house of representatives. 

Aoswerj — I had no pistol or dirk, or weapon of any kind. I had 
a pistol which I carried on that evening; it was loaded ; it wfis found 
and loaned to nie, by some person ; I diJ not know how soon I might 
'be ait«Lcked by some whig, and that was the reason I obtained the 
pistol. Ihex-ird a number of persons there were armed, there was 
sixty or seventy persons pointed out to me as the Halifax bullies; f 
-<jannot recollect who pointed thenn out. I did not know these Hali- 
fax bullies, nor did my informant. I was early at the capitol, on the 
fourth of December ; I suppose, half an hour before the house was or- 
ganized, the Halifax bullies were then there. 

JOHN ABRA.:HAM« 

Sworn and subscribed, April 22nd, A. D. 1839o 

James R. Snowden. 

This witness discharged. 



MlCHAFL D. Waetma-N, svvorBs 

I reside in the first ward Spring Garden, I was at the polU on the 
day of the election, from nine o'clock in the morning until ihey closed,, 
I was passing from one ward to another, i kept a tally list, I wa-s ex- 
pelled from the first ward, i was at the third ward Spring Garden, 
about ten or fifteen minutes after the polls closed I was standing and had 
my head in the window, looking at the judges and clerks in the roonu 
At the time I came to this window they were counting off the voles for 
county commissioners, a man by the name of Stout picked up some 
tickets folded together, there were three he said they were all rolled 
up together. I replied they were not, they should be laid by until the 
judges would decide what should be done with them, the tickets were 
not tied, but were separated. Stout took no advice or consulted the 
judges about th(?se tickets, but opened them, one of these tickets had 
the name of Jonathan Johnson for county commiesioner, he placed il 
4jn the pile of Whig tickets, aed it was couEited, and the other had the 



Home of William Pearsall, which was torn up ; at this time I called tO'^ 
Mr. Daniel Holz and olhers to take notice and see what they were do- 
ing. Hotz was at the first ward, T put my head into the window and 
spoke to Stout, who was an officer of the election,. stating what I had 
seen, he paid no attention to me ; at this time two whjgs came and> 
wished to pull me down from the window^ one of the clerks wished 
the hole at the window closed, stating that it was cold, I left a man-at 
the window, and went to the first ward^at the window of Spring Gar-- 
den. Aboutthfe cibse of the polls Isaw and watched Rowen, when I 
came there I saw the judges go away from the boxes to eat — Rowen 
was left there alone, about closing the polls, Rowen Had his face to- 
wards the outside, his back towards the boxes and put his hands in 
bis pockets ,°^ I called out to him and wished him to show me what he 
had in his hands; at the time I called to him he had a bundle of tick-- 
els in his hands, nhoui fifteen or twenty^ in the act of putting these 
tickets in hispocket, he dropped some of them, those he dropped were- 
congress tickets, they were handed out the window to Mr. Henry 
Simpson by Mr. Woelper, one of themdropped on the box, and on& 
on side of :hem, there Vv^ere three or four handed out ; two had the^ 
name of Charles Naylor, the other the name of Charles J. IngersoU, 
Rowen- was- io; the act of* putting his had in the box, when I saw him 
drop these tickets ; when I accused him ot his conduct he made, no 
reply, these tickets had no mark upon them^ Alter ihe polls closed 
"about 9 o'clock" I asked. Simpson whether he had these tickets, he 
said he had, .Rowen I was told is a federalist, there was a democratic 
assessor in the second ward, I was standing at the window when I ob- 
served ^Rowen, the window was down and L looked in from the 
top, the ballot boxes were on the table, the tabJe against the wall, the 
wall near the window, Rowen was standing aside the table and his 
face Lowardsthe window, he endeavored to conceal the tickets, I call 
the whigs federalists* I do not know whether Mr, Rowen resides in 
the first or fourth ward, I am a butcher by trade, heard that Rowen; 
was a clerk of the eletction^^* 

M. D. W-ARTM^N,. 
Svrarn and subscribed, A^pril 22d5 A. D. L830, before! me, 

James Ri Snowden, Chairman, 

On motion ot Mr. Cunningham, 

Committee adjourned to meet to-morrow morning at 9 o'clock. 

Subpoena issued to Joshua Fletcher^ George M. Whartnaby, Alfred 
Clark, Johia Gfim and David Seiner. 



AraiL 29, 1839. 

M. D. Wartman, re-examined.^ — At the time the difficulty occur- 
red at ihe window, about throwing in tickets at the first ward Spring 



4t 

€rarden, by Rowen, I was there at the window at the time and saw 
him throw in the tickets, I was there also when the dispute occurred 
during the whole time, the people were not satisfied with the explana- 
tion. Col. Jno. G. Watmough was not there at the time this occur- 
red, but was I think at the third ward Spring Garden, I could see all 
ever the house and every person there, except those behind the curtain, 
I did not see Col. Watmough, or those in the house explain how the 
tickets carne there or attempt to explain. 

M. D. WARTMAN. 
Subscribed, April 29, A. D. 1839, before me, 

James R. Snowden, Chairman^ , 

Witness discharged. 



Tuesday, April 23, 1839. 

Committee met pursuant to adjournment. 

Present: Messrs. Snowden, Cunningham, Zeilin, Flenniken, and 
Roberts. 

Jacob R. Kline, S^worn, 

I reside in the seventh ward Northern Liberties ; was a clerk of 
the election on the 9th of October last ; while engaged at that win- 
dow, a request was made by the voters that I and others should see 
the inside of the boxes, this was before the voting commenced ; the 
fourth ward boxes were assigned to me ; I went to the fourth ward 
and insisted upon examining the boxes, the officers at that ward at 
first refused. 1 requested the offieers to come to the seventh ward 
and examine the boxes there; this was refused. I examined the 
boxes at the fourth ward, there were no tickets in those boxes. I 
then went to the seventh ward and we proceeded to business, things 
went on very well. Several times I wanted to go to the other wards 
to ascertain the number of votes polled. Some of the ward officers 
closed their books and would not permit me to know the number of 
votes polled or the result ; this was at the first and third w^rd ; the 
officers at the other wards would not or could not tell the number of 
votes polled, refusing and closing the books; the sixth and seventh 
wards we ascertained ;. I tried at several wards but could not ascertain 
the result ; nothing occurred until the closing of the polls ;. after the 
polls closed, Mri Jacob Hoekley, made out the general returnsi of the 
seven wards; he was not an officer of the election. I requested the 
result of the election from Mr. Hoeckly, he replied that he was not 
the return judge, stating that Mr. Bela Badger wasthe return judge,, 
and employed him to make out the returns^ and that he could not 
give th°m to me ; there was no other present. I then went to Mr. 
Bela Badger and asked him for the returns, he replied he could not 
give them to me, I should go to Mr. Hoeckly ; this I told to Mr^ 
Hoeckly, he replied, I could not have them ; the returns were lying" 
before him ; h© refused giving them or letting me have a copy of 



42 

them ; he was reluctrint in letting me see them. At this conversation 
several came from the different wards. I had Purdon's Digest, and 
read the law to them upon the subject, but could not, nor have I yet 
ascertained the number of votes polled or the result to this time. I 
then went back to my ward and could not find the papers; a Hst of 
voters containing eight hundred and forty-cne names; when We came 
to make up the returns we found a tally list missing; it was the in- 
spectors and assessors list; these papers were there when we Icarae 
to see the judges, but were gone wlien we came back; the judges 
name is John C. Oarrish, David S. Seiner ; the clerk told me that 
he saw John C. Garish put these papers under his arm and carry 
them away. I charged Garnish wiih it and he denied it; we then 
had four boxes sealed. Garnish stated that they were in one of those 
sealed boxes. I took one of the sealed boxes, in the presence of the 
officers, Mr. Jeffries, one of the inspectors, took the otiier and broke 
the seals, but these papers were not there, nor in either of the other 
boxes which we broke open ; these boxes were taken to John Shaw's 
office in Green street and sealed up. John C. Garrish was the pre- 
siding judge of the seventh ward, and is a whig; all the judges in 
the house were whigs, including the sev€n wards. When I read 
the law, they paid no attention to me. Mr. Jacob F. Hoeckly is a 
whig. I never found or saw the tally paper refer:-od to. 1 was at 
Harrisburg during the investigation of Hanna and Brown, but 
not there at the organization of the House of Representatives; 
when I left ray ward I left the other clerk, two inspectors and pre- 
siding judge. At this time we had the tally papeis made out, the 
votes counted off and carried out, all but one box, this was counted 
off after my return, but not during my absence. After I returned, 
we opened this box and counted off the tickets ; we kept a tally paper 
containing eight hundred names ; this I searched for and found it 
gone ; I am neither a justice of the peace nor a lawyer; have been 
engaged for five years in the wood business ; John Paynter furnish- 
ed me with Purdon's Digest ; the election is held at one house, but 
at different windows ; I, with the consent of the inspectors, opened 
one of the boxes which was sealed ; one of the window papers kept 
by me, and the tally list kept by David S. Seiner, was missing, one 
of each remaining; I could not tell what purpose could have been 
accomplished by taking one of these papers, unless it would be to 
alter them. A proposition was made to take the boxes to Mr. E. D. 
Corfield ; this I opposed, and took eleven boxes of the seven wards 
to Esq. Shaw's, who is the nearest justice ; the other boxes were 
taken to Mr. Corfield's who is not the nearest justice; there are five or 
six justices nearer than Corfield. It is usual to p-o to different wards to 
ascertain the number of votes polled ; I asked this as a favor not as 
aright; my object was to ascertain the number of votes polled; 
this was never refused before, but at the special election of Charles 
J. Ingersol! ; the number of votes on my tally paper corresponded 
with the number of votes polled ; suppose, but do not know, there 



4S 

might have been a few scattering; I do not know whether this 
tally paper is at the Prothonotary's office or not ; I do not iinow 
whether the return judges showed the tally paper which I gave 
them. 

J. R. KLINE. 
Sworn and subscribed, April 23, A. D. 1839, before me, 
James R. Snowden, Chairman. 
Witness discharged, 



-! HN Grim, sworn. 

1 reside in Seventh Ward, Northern Liberties; Mr. Isaac Abraham 
?alled upon me three or four weeks before the election took place, 
md stated that Mr. Bela Badger had sent a gentleman to him to offer 
lim money to electioneer for the whig ticket. The night previous 
,0 the election, Mr. Isaac Abraham called upon me, stating that Mr. 
Bela Badger had given him fifiy dollars, five ten dollar bills on the 
bank of Penn Township; I saw this money; on the mornirg of the 
election, Mr. Abraham bi ought the tickets to my house, (witness here 
produced a bundle of the tickets upon examination it was ascertain- 
ed to be generally the whig ticker, headed lor Governor, Joseph Rit- 
ner; Congress, Charles Naylor; Sheriff, Danjel Filler, <&;c.) I consi- 
dered it the whig ticliet; 1 had no tickets in my house, either whig 
or democratic; these tickets I locked up; I was in Harrisburg during 
the investigation of Brown and Hanna, 

JOHN GRIM. 
Sworn and subscribed, April 23, 1839, before me, 
James ]{. Snowdicn, 

Witness discharged. 

On motion of Mr. Flenniken, 
Committee adjourned to meet at 9 o'clock to-morrow morning* 
Subpoena issued to David S. Seiner. 



Philadelphia, Wednesday, April 24, 1839. 
Committee met pursuant to adjournment. 

Present, Messrs. Snowden, Flenniken, Cunningham, Zeilen, and 
Roberts. 
George M. Whatnaby, sworn, 

At the time of the election I resided in East Moyamensing, I now 
reside in West Moyamensing; I went to IMoyamensing Hall early in 
the day, and saw Dr. Groves there, who appointed me one of the 
door-k'epers of the election forthat ward; about mid-day Mr. Banks, 
who was called a deputy sheriff, came into the Hall, he had been 
there frequently during the day, there was a man voted who did not 
vote a full ticket, the gentleman, one of the judges or office s, who 
received the ticket asked him whether he did not intend voting a full 
ticket, the man who received the ticket was looking out of the v/in- 
dow. The deputy sheriff, Mr. Banks, said I will show you how to 



fix tliese fellows, when the man's back, who received the tickets wag 
turned, Banks came in, I saw him pick up some tickets, raise his 
hand over the boxes, and drop some of these tickets in the ballot box, 
I think it was in the assembly box, one of the other officers saw this 
I know that the deputy sJierifF had men employed to keep the peace; 
the ticket I voted was prepared by me, and after I had voted I was 
grossly insulted. About fotir o'clock in the morning after the elec- 
tion, it was agreed by the jidges that the boxes should be taken to 
Dr. Groves, the boxes were not sealed; I was discharged at four in 
the morning; the officers prepared some papers before four in the 
morning, which they said were necessary; I do not know whether 
the officers left the room or not; my impression is the ticket dropped 
in the box by Banks was but one; when I left the room thr boxes 
were not taken away. The officers adjourned to meet again^ without 
sealing the boxes; my business as an officer was to keep the door, 
and let no person in but those who had a right to come in; I was sit- 
ting about 16 feet from the room of the west ward, the room is three 
times as large as this room; (witness here referred to the room occu- 
pied by the commiitee at 'I'hird Street Hall,) I could see and hear 
every thing passing on where I was sitting; I do not know the names 
of the persons who either received' the tickets or voted, tbe man who 
received the ticket was standing between Mr. Banks and the other 
judge, I first communicated this matter to a young man at the west 
window, by the name of Fenney, who resided in West Moyamen- 
sing, and was an officer at that ward, and asked him who that man, 
alluding to Mr. Banks, was, he replied it was our deputy sherifT, Mr. 
Banks, I also told my brother and others of this condiict, telling them 
that we would beat them, for foul play never prospers, I went to Har- 
nsburg before the committee in the case of Brown and Hanna; these 
wards are East and VVest Moyamensing; election is held in the «ame 
house but at different windows. The witness further adds that the 
judges would not permit him to be near the table, while at the same- 
time they permitted others to lay on it. 

GEORGE M. WHARTNABY. 
Sworn and subscribed, April 24, 1839, before me 
James R. Snowden, Chairman. 
Witness discharged. 



David S. Siner, called and sworn. 

I reside in seventh ward. Northern Liberties ; was a clerk of that' 
ward on the day of election. The election, as far as I saw, during 
that day, was conducted very properly until the counting off. After 
we were done counting off, we then undertook to place the window 
and tally papers in the boxes. After the returns were made out, we 
asked iMr. Garrish what boxes we should place those papesr in; he 
uAd us, but I do not recollect in what boxes. Mr. Garrish, a judge of 
the election,, was present and assisted. He then took Mr. Khne's 



45 

'tally list, and, I think, tore off the inspector and assessor of that list; 
this we missed afterward; he then took Mr. Kline's \Vindow paper; 
'*JVIr. Kline was clerk," and went about eight feet from where we were 
sitting, and folded them up. Afier this he walked over towards the 
return judge, Mr. Bela Badger. We missed these papers, and asked 
Mr. Garrish what was done with these papers. First he said he put 
them in the boxes, but afterwards said he did not know any thing 
about th9m ; alter we missed the inspector and assessor's list, we be- 
gan to make some fuss about them, and opened our bodies which were 
sealed, but cowld not^fmd them; Mr. Hoeckly replied one paper was 
sufficient ; we then sealed up the boxes. My impression v/as that the 
pa[>ers were put in the boxes ; I have never seen those papers since. 
At the conversation above referred tOj with Mr. Garrish, it was about 
.7 o'clock in liie.morningo 

DAVID S. SINER. 
Sworn and subscribed, April 24th, A. D. 1839, before niQ, 
James R. Snowden, Chairman. 

Witness discharged. 



Daniel Jeffries, sworn 

I reside in 7th ward of Northern Liberties, was an inspector of. that 
-ward on the day of election. The election was conducted in perfect 
order in that ward until the close of the election at the counting off, 
after we made out our ret-urns, we handed them to Mr. Hoeckley; 
we then did not know who was the right return judges ; this was kept 
from us by the other officers of the election. After Vr^e were done 
counting off, we sealed the four boxes. Jacob R. Kline had a piece 
of paper in which were carried out the number of votes of the sixth 
and seventh ward; he said he would go and obtain the Teturns from 
the other wards, and applied to Mr. Hoeckley for them, who refused 
giving them, stating that he was not an officer of the election ; Mr. 
HoBckly was assisting to make out the returns. Mr. Kline then ap- 
plied to Mr. Badger who stated that Mr. Hoeckley had them ; I then 
told Mr. Kline to come away, they would not give-him the returns. 
The return Judges of our ward were all whigs. I saw Mr. John C. 
Garrish in the act of tearing a paper which I am certain was the tally 
list; this was the assessors' and inspectors' list; the window paper 
was also missing. Mr. Kline returned and asked for his papers; 
Mr. Garrish replied that the papers were put in the boxes; we then 
broke open the boxes which were sealed, but they were not in ; Mr. 
Hoeckly came and said they were of no importance; we then pro- 
ceeded to seal up the boxes, left the hall aild went to a house formerly 
occupied by Edward D. Corfield ; a dispute arose about the owner- 
ship of the house; we had these boxes under our arms; we then lefl 
the house and proceeded to Esq. Shaw's, in Green street, where we 



feft the boxes. T do not know whether Mr. HxEckley is a justice of 
the peace or not; Mr. Hoeckley is treasurer of our district. Mro 
Garrish's occupation, I do not know. The officers of the other wardsy 
except the 6th and 7th, refused to tell the state of the polls, or the 
number of votes polled, though frequent applications were made for 
them. 1 have never yet heard the result of those wards, nor don't 
know it now, they were kept secret from us. 

DANIEL JEFFRIES, 

Sworn and subscribed, April 24th, A. D. 1839, before rae, 

James R. Snowdenj Chairman. 

Witness discharged. 

Subpoenas issued to Joshua M. Raybold, Joseph W, Bhght, Mi- 
chael Cochran, Joshua Fletcher and Benjamin F. Hedges. 

Returnable on the 25th inst. 

On motion, 

Committee adjourned to meet to-morrow morning at o'clock. 



Thursday, April 25, 1839. 

Pursuant to adjournment, committee met : Present Snowden, Flen- 
niken, Roberts, Cunningham and Zeilin. 

Subpoena issued yesterday returned, Sergeant-at-Arms reports that 
he subpoenaed Joshua Raybold, Benjamin F Hedges, James Gallo- 
way and Charles Thompson. 

Charles W. Hegins, Esq. Sworn, 

I am a member of the House of Representatives^ from Northum- 
berland county, I sat immediately in front of Blr. Stevens, on the mor» 
ning of the 4lh of December last, I rose and looked round to observe 
what was passing around^ this was about fifteen minutes before the 
House was called to order by Mr. Hill, o^' Westmoreland, while stan- 
ding there an acquaintance from Millersburg in Dauphin county, Mr^ 
Welker, came and spoke to me, he pomted out about 50 or 100 men 
standing near Mr. Stevens, and said they were from the Wiconisco 
canal, I observed a number around Mr. Steven's chair, three of them 
in the inside of the bar, one of these men on each sideof Mr. Stevens 
and one behind him, holding a conversation with him, one was pointed 
out to me as John P. Rutherford, superintendant of the Wiconisco 
canal, and several others as the Halifax bullies. Just about this time- 
Mr. Abraham from Philadelphia county passed up the aisle near my 
seat toward Mr. Stevens, and took his seat near him* I saw several 
others said to be from Philadelphia county, go among the Halifax 
men, after thesa men went to those men, I saw Mr. Stevens rise and 



47 

walk towards the Spevikers chair, came back and took Mr. Konig- 
macher's chair, one of the nnen I saw standing innmediately behind 
Mr. Stevens was a large man, wilh a cane, buck horn handle, wore 
a cap, shirt collar loose, &lc. I saw Mr. Stevens converse with nnen 
who wen; pointed out to nne as Mr. M'^oy and John I\ Rutherfordj 
Stevens' seat was in the outer circle near the bar, and could converse 
with those behind him without leaving his seat, I saw hinri leave his 
seat before the lime above referred to and converse wilh Mr. Crabb 
and others, 1 did not see Mr. Stevens at any lime go back from his 
seat and speak to men or offer and distribute money among them, he 
might have done so without my seeing him, my attention was not 
confined exclusively to that portion of the hall where Mr. Stevens saty 
1 did not observe Mr. Speaker Hopkins until he was ascending the 
Speakers stand, in company with Col. Thomas B. M'EIwee, at the 
time Mr. Hopkms ascended- the stand 1 saw Col. John J« M'Cahen 
standing on the platform, leaning against the pillar, 

CHARLES W. HEGINSo 
Sworn and subscribed, April 25th, A. D. 1830, before me^ 

James R. Snowden,. Chairman. 



James Galloway, sworn ; 

1 reside in Lower Delaware Ward, in the city of Philndelphis; 
The motning after the election, I met Mr, Peter Albright, who gave 
me the returns of the JN'orlhern Liberties, verbally ; I do not recoiled 
the number of votes ; the day after, I again met Mr. Albright in 
Ghesnut street ; he gave me another list on paper, which he said he 
received from the return judge — on this paper the number of votes 
■exceeded the returns given me the day before by about ^00 for the 
whig ticket ; the day after, I again met him, he told me that the vote 
for the whig ticket was stilllarger than the returns showed me on the 
day before ; I was going to Kensington to bet money on the election, 
and told Mr. Albright I wanted the correct returns for that purpose ; 
My. Albright said he was going to Harrisburg, that he would obtain 
the returns from his party, and I might obtain the returns from my 
party ; next morning we met and left for Harrisburg ; this was before 
ilie meeting of the return judges ; I went with him at Harrisburg ; h& 
said he was going to see Mr. Stevens; we called at Wilson's to see 
Stevens— -he was not there; we then called at governor Ritner's ; Mr« 
Albright wished to obtain the number of votes polled in the state ; 
Stevens was not at the governoi's; we left the governor's, went up 
Front street, and enquired for some man, name 1 do not know ; coming 
back, we met Mr. Stevens and the gentleman we had enquired for„ 
Mr. Albright requested me to stand aside, he wished to converse wi£h 
Mr. Stevens. I did so* After they came out of the house, Stevens 
told Albright to call at Wilson's early is the morning and he would 



give him the return of the state. I awoke him next morning about 
daylight, and we went to Stevens' room at Wilson's ; Stevens was not 
up. Albright came down stairs and said Stevens told him he might 
return home and bet that there would not be 5000 majority for Por- 
ter. Albright told Stevens he had made a bet of $500, all the money 
■he had in the world — put up $100 as a forfeit ; he told me he would 
put up the balance ©i $400. We then left for Philadelphia in the 
'Cars ; when we reached Lancaster, we heard the whig ticket had car- 
ried in the Northern Liberties ; we left there, and on the road I met a 
gentleman from Philadelphia, who informed me that Ingersoll was 
etected, and that the Northern Liberties had been thrown out by the 
return judges, that the whigs had cheated. Albright said they were 
so damn dumb in the Northern Liberties, that they could not make out 
a return — that Mr. John C. Garrish had to make out the return for 
them— ^that there must have been a mistake in making out the returns 
of the 7th ward. Northern Liberties. Mr. Albright resides in the 1st 
ward, Northern Liberties, and was either a judge or inspector of the 
election ; he is a whig in politics. 1 obtained the returns of my party 
at Harrisburg ; the majority was then about 8000 for Porter — one or 
two counties to hear from. I think we returned to Philadelphia the 
day after the return judges met, we then parted, he in one direction 
and I in another. Albright told me he had money bet on the election. 
Lknow he had $100 bet on the state, and about $120 on counties. I 
heard him offer to bet on the 1st ward, Northern Liberties — this was 
a few days befoie the election ; he offered to bet that the 1st ward, 
Northern Liberties, would not poll 120 democratic votes — amount i 
do no^ recollect. I do not belong to the democratic association; J 
vote the democratic ticket. I had $400 or $500 bet on the election, 
i know Albright from a boy up; his reputation for fairness at eleG» 
tions is bad ; I have known him have men at his own ward from other 
districts at elections; both parties say he will cheat at elections; his 
own party say he is a useful man at elections. He leit the democratic 
iparly about five years ago. Albright is constable now — was elected 
this spring ; is also visitor to the poor ; has been constable since 1829, 
at which time he was elected by the democratic.party ; was elected a 
visitor of the poor by the whig party. I do not remember the number 
of votes given this fall (or either of the tickets of the 1st ward^ 
Northern Liberties, 

JAMES GALLOWAY. 

Sworn and subscribed, April 25th, A. D. 1839, before me, 

JAMES R. SNOWDEN, Chairman. 

Witness discharsed. 



Charles Thompson, sworn : 

I reside in the 6th ward of Northern liberties, on the night before 
the election, we expected some spreemg business; Mr. John Conrad 
-and his son, called upon me and wished rae to stow away one hun- 



idred men, as he expected there would be a disturbance on the elec» 
-tion day, in that district. I told him I would not do it, staling it would 
be an injury to me; he replied, it would not. These men, I expect, 
were to come from the district ; he, however, did not say where they 
were to come from. Mr. John Conrad, is the mayor of the Northern 
Liberties, and resides in the 2nd ward ; he brought no one to my 
house ; he stated, his object was to preserve quiet ; Conrad is a whig 
in politics. I never knew men quartered before this time. The re- 
port was that there would be a great excitement, which I suppose, was 
in consequence of Ingersoll's and Naylor's election. It was talked of 
that there would not be fair play at the election, and that Mr. Conrad 
wanted to have plenty of hand?{ to keep quiet on that day ; he either 
offered me $100 or said that it would be that much in my pocket if I 
would quarter those men. I keep a public house ; he wished me to 
furnish them with eat, drink (fee. He also stated that he did not wish 
me to do any thing that would be an injury to me. 

CHARLES THOMPSON. 

Sworn and Subscribed, April 25th, A. D. 1839, befojre me^ 

James R. Snowden, Chairman* 

Witness discharged* 

On motion, 

Committee adjourned to meet to-morrow morning at 9 o'clock A. M. 

Subpoenas issued to Col. John G. Watmough, Joseph Smith, Jo- 
seph W. Blight, Michael Cochran, Henry Johnson, Thomas Doyle» 
John Miller, William Pearsol. 

Keturnable 26th inst« 



FRiDAr April 26th, 1839. ? 
9 o'clock, A. M. 5 

Committee met pursuant to adjournment, 

Present, Snowden, Cunningham, Zeilin, Flenniken and Boberts. 

Sergeant-at-arms reports that he has subpoenaed Joseph Smith, 
Joseph W. Blight, Thomas Doyle, John Miller, William Pearsol and 
Henry Gallagher. 

On motion of Mr. Flenniken, 

The following resolution was offered and adopted. 

Resolved, That the chairman of the committee be directed to ad- 
dress a letter to the Prolhonotary of the Court of Common Pleas, re- 
<}uesling an authentic copy of the proceedings had in said court in re- 
gard to the frauds in ihe registry list, in the first ward, Spring Oarden, 
&fore the late general election. 

The chairman in accordance with this resolution procured a'copy 
=of the record named therein, which is hereto annejced. 



S0 



Benjamin F. Hedges, sworn. 

I reside in the 4th ward Spring Garden, I am at present Deputjr 
Sheriff, have been so since April, 1838 ; on the day of the general el* 
ection I was in Soulhwark, from about 8 to 11 o^clock, had charge 
01 50 men, deputised by Col. Watmough to keep order, these men 
were on the election ground, I had blank deputations ready to be filled 
up, some were filled Dy Col. Watmough, some by myself, none of 
these men were armed as far as I saw ; so far as I know there was no 
preparations, so far as I know these men were of different parties, I 
suppose some belonged to the democratic party, I remained on the 
ground until after some part of the ticket was counted off and the 
people had generally left, I never saw a more peaceable and quiet 
election than the election in Southwark. I do oot recollect the day I 
took the returns to Harrisburg, it was the day after the meeting of the 
return judges. Col. Watmough addressed me a note stating that he 
had some business for me, this was about half past 11 o'clock, I called 
upon Col. Watmough at 12.o'clock, P. M., Watmough requested me to 
meet him at Henry J. Williams (Sheriff's counsel^ at 1 o'clock, he 
gave me some sealed packages endorsed returns, and requested me to 
hand them to Mr. Burrowes, Secretary of the Commonwealth, I pro- 
ceeded immediately for Harrisburg, and walked to the top of the In- 
clined Plane, and waited about aa hour until the Engine was ready^ 
it was only a tender, I left the Inclined Plane at about 5 o'clock in the 
morning, arrived at Lancaster at half past 8 in the morning, there 
I obtained a horse and sulkey and proceeded to Plarrisburg, landed at 
Harrisburg at half past 12 o'clock, left my horse at Wilson's, proceed- 
ed to the Secretary's office and enquired for Mr. Thomas H. Bur- 
rowes, he was not there, came in afterwards with Mr. Stevens, I han- 
ded him the returns, also a letter from Col. Watmough" to Mr. Bur- 
rowes, which he read, enquired what time I left Philadelphia. &c., and 
ask^d nje how the election in the county of Philadelphia would be ; I 
said nothing to him about the other returns; Mr. Stevens was there^ 
he and Burrowes went into the other room, I obtained a receipt from 
Mr. Burrowes for the returns, received no pay at Harrisburg, Mr. 
Stevens was there when I left the office. Col. Watmough gave me 
$20 before Iloft Philadelphia, I never superintended at elections before. 
I never saw deputations at elections before. The men under my direc- 
tion were at liberty to go where they pleased. Mr. William F. 
Hughes procured these men. I never was sent on business of this 
kind before ; my instructions were to reach Harrisbarg as soon as 
possible. When I arrived at Harrisburg, at the Secretary's office, 
there was a young man there, I told Mr. Burrowes and Mr. Stevens 
the time I left Philadelphia; they enquired why I left the city at that 
hour. I knew there would be two sets of returns from the county of 
Philadelphia ; this was the general impression in the city, "after the 
dissatisfaction took place," — And after the returns from the Northern 
Liberties had been rejected, I judge the Locomotive was prepared for 
mey there was na -other person in the locomotiYe but myself, The^^ 



51 

superintendent, or officer ofthe rail-road accompanied me to the plane^ 
His name I do not recollect, he told me as we proceeded that a loco- 
motive would be ready for me. Col. Watmoughthe day before stated 
his object in sending these men intoSouthwark was to preserve order. 
I took the tally list and papers, and opened the election in that dis- 
trict. I am confident there was no clubs prepared by the Sheriff for 
Southwark. Col. Waimough has a list ofthe persons who composed 
the posse, which I prepared and gave to him, I think a majority of 
that posse were democrats. When I arrived at Williams' office, I- 
saw Mr. Bela Badger and others, who I do not recollect. 

B, F. HEDGES. 

Sworn and subscribed, April ^6th, A. D. 1839, before me, 

James R. Snowden, Chairman, 

Witness discharged. 



In the Court of Common Pleas of Philadelphia county, in the mat- 
ter of the election in fourth ward. Spring Garden. 

Henry Simpson, of the first ward of Spring Garden, in the county 
of Philadelphia, being duly sworn according to law, deposeth and 
saith, that he now is, and was on the first, second, third and fourth 
days of October, instant, and for some days previous to these days, a 
citizen of the commonwealth , resident within the first ward of the 
District of Spring Garden, in the county of Philadelphia, and entitled 
to vote therein, under ,the constitution, at the next general election 
and duly registered as such, by the assessors of said ward, and so 
published by the Sheriff of the city and county of Philadelphia, ac- 
cordijig to law. 

That this deponent, with various other citizens, attended oh Tues- 
day the second day of October inst., at 10 o'clock ofthe forenoon of 
that day at the commissioners hall, in the district of Spring Garden, 
being the time and place appointed by the said Sheriff according to 
law, agreeably to his proclamation dated A.ugust 8, 1838, and pub- 
lished in the American Sentinel on the Ist. instant, requiring the 
judge, inspectors and clerks of the First Ward of the District of 
Spring Garden, to meet for the purpose of correcting any errors or 
supplying any omissions which might be found in the assessors re- 
turn of regular voters for that ward. That Samuel Copeland, who is 
also the assessor of the said ward, appeared at said time and place as 
the j idges of said ward, David Woelpper, Jr. and John D. Ninesteel, 
as inspectors of said ward, have been elected as such, and William 
Waugh and John R. Rowand as clerks, and previous to proceeding 
to business the said officers of the election were, as this deponent 
understands and believeSj duly qualified by oath or affirmation ac- 
isording to law. 



52 

That after the assessors list of registered voters for the said' ward 
was published by the Sheriff, the same was carefully examined by> 
this deponent and other citizens of the ward, and it appeared by the 
most accurate information that could be obtained, that three hundred 
and sixty- two names on the said list were not those of qualified 
voters of said ward, being either persons nol residing in said ward, 
or not between the ages of 21. and 22 yeais, (nor would be on or 
before the 2d Tuesday. of October next,) and, the sons of qualified 
voters. 

Every inquiry was made to ascertain the residence of each indi^ 
vidual, and this deponent called upon the said Samuel Copeland the 
assessor of said ward, for the residences of three hundred and sixty- 
two individuals — who said he could not give him, (this deponent) the 
residence or dwelling place of any of them ; that he had taken down 
the residence of no one in the ward except that of Samuel Hart, 
(No. 194, North Sixth street.) 

That this deponent prepared and had printed notices of challenge 
signed by himself, which were directed to the several persons so dis- 
covered not to be qualified voters in said ward ; inserting in the no- 
tice to each individual a specification of the nature ofthe-alleged dis? 
qualification in such case, and of the time and place of meeting of the 
said judges and inspectors. These notices were directed to each 
person as in the Frst ward, Spring Garden township, Philadelphia 
county. Copies of said notices are annexed to this deposition. 

This deponent being then unable to find the residences of , these, 
individuals, placed notices then directed to each individual, in the 
Post Ofiice at Philadelphia, on Monday the 1st day of October, A* 
I). 1838, at about 12 A* M, in the presence of Aaron Lovitt and Miles 
N. Carpenter, two of the qualified voters of sai'd ward. 

That this deponent published also a written statement of the names 
of the said three hundred and sixty-two persons so disqqalified to 
vote, with a specification of the disqualification in each ease states 
that he believied them, to be illegal, a copy of which statement isi 
herewith exhibited with a copy of the oath annexed by this deponent 
to the original statement; notices were ptit in the post office as 
aforesaid for each of the individuals on said statement, containing 
notice of challenge as above stated ; as to the two above he has 
been unable to ascertain their residences. 

That after the said judge and inspectors of said ward eommenced 
business in said| hall, on the said 2nd of October instant, this- 
deponent handed the said original statement to Samuel Copeland y. 
the said judge, as his written statement of such persons so placed oni 
the assessors' list as he believes were not legal voters, with his oath' 
proving the service of said notices. This statement was handed by 
Mr. Copeland to the two inspectors. 

This deponent on handing, as above stated, this statement to Mr. 
Copeland, said aloud to the said judge and inspectors, I challenge these 
TOters and here is my statement. 



53 

The judge, and inspectors acted upon this challenge, and several 
siames were stricken off, on the said 2nd October; these challenges 
and others were either corrected or proved to be qualified voters, on 
the same day, as will appear by memoranda inserted on the copy of 
the statement exhibited, wherewith the names so corrected, stricken off 
orproved by passing therewith a pen, in red ink. 

In the case of William B. Doran ,• he appeared, and said he had got 
a notice, and lived in the second ward and wanted a certificate, and 
his name was stricken off. 

At half past one o'clock, the judge and inspectors adjourned until 
3, P.M. 

In the Gourse of the afternoon, this deponent tendered Mr. Aaron 
Levitt to prove the putting of the notes in the Post Office, as above 
stated. Mr. Copland said it was not necessary, the deponents oath 
was sufficient to prove that. 

As, it appeared, that the judge and his inspectors were about to ad- 
journ, this deponent asked the judge and inspectors t» strike ofi the 
names challenged by him ; this was refused, saying it would be taken 
into consideration. He then asked them to correct the ^i-st, by placing 
opposite the names of the persons so challenged, the letter C. This 
was also refused^ and the said judges and inspectors, then declared 
that they adjourned sine die ; after he had left the hall, he received a 
a message, as-he understood, from the said judge and inspectors, say- 
ing that they would meet the next day, the 3d inst, at 2 o'clock. 

At about half past tv»o o'clock on that day, they organized again, 
and Mr. Coplsod being stated to be sick, Jacob Gardener was quali- 
fied as judge in his place. 

Deponent then read all the names of all those challenged by him 
on the day before, with their disqualifications, and requested the judge 
and inspectors to strike them off the list. This was refused by them. 
He then requested them to correct the li«t by placing the letter C oppo- 
site the names of the persons so challenged; and this was also refused 
by the said judgeand inspectors. These requests were repeated by 
this deponent a second lime, and again refused by the said judge and 
inspectors, who would neither erase the names, nor correct the list by 
placing the letter C opposite the names of the persons so challenged. 

On the 2id instant^ Mr. Miles N. Carpenter handed in the annexed 
note from B. T. Bioren, whose name, as well as that of B. H. Bioren 
were accordingly erased from the list. 

"This deponent therefore avers, that the said judge and inspectors 
would not examine into the grounds of said challenges, except so far 
as above stated, nor erase the said names from the registry, nor 
would they correct the said list by placing opposite the name of the 
person or persons so challenged the letter C. 

Your honors are therefore prayed to grant a rule on the said Samu- 
el Copelandand Jacob Gardner and David Woelpper jr. and John D. 
;Ninesteel judges and inspectors as aforesaid, to show why they would 
not erase the names of the persons challenged from the Registry of 



the said first ward of registered voters in the first war<3, or correct 
the aforesaid registry of voters in the first ward of the district of 
Spring Garden, by placing opposite the names of the persons as chal- 
cnged by this deponent, and whose names were not corrected, strick- 
en off or proved to be legal voters as aforesaid, the letter C, (the names 
which are to be erased, or against which said letter is to be placed, 
being contained in the said copy of the challenge herewith annexed, be- 
ing the names of all except those erased and in red ink) or why a man- 
damus should not be issued by your honours to compel them to do the 
samt;*. 

HENRY SIMPSON. 

Sworn and subscribed in open court, this 5th day of Oct., 1838. 
J. S. Tenneey, Pro Prolhy. 



Sir: — You are hereby notified, that you are challenged as a voter of 
the first ward, Spring Garden, on the ground, that you are not be- 
tween the age of 21 and 22 years, and will not be on or before the 
2d Tuesday m October next, and the son of a qualified voter, although 
your name appears on the assessors list, with the word, " on age'^ 
placed opposite to iti 

The judges and inspectors will commence sitting for the correction 
of the registry, at the Commissioners Hall, m Vine street, near Ninth, 
next Tuesday at 10 o'clock, A. M. 

HENRY SIMPSON. 

September 29th 1838. 

Sie:— You are hereby notified, that you are challenged as a voter 
of the first ward, Spring Garden, on the ground, that you are not a 
resident of said ward, nor otherwise, a qualified voter, although your 
name appears upon the " assessors lisf.^^ 

The judge and inspectors for the correction of the assessors list, 
will commence sitting next Tuesday at 10 o'clock A. M. at the Com- 
missioners Hall, in Vine street, near Ninth street. 

HENRY SIMPSON. 

September 29, 1838. 

September 29, 1838. 

To M. N. Carpenter, Esq. 

Please to have my name stricken from the list of voters in your 
ward, as my place of residence is in the city, and oblige 

Yours respectfully, 

B. T. BIOREN. 

There is no such person as Benjamin W. Bioren. George W. 
Bioren is now, and will be for some time in the South. 



.5§ 



(COPY.) 
STATEMENT OF VOTERS NAMES 

Challenged by Henry Simpson, of the First ward. Spring Gardeo, 
believed to be "illegal," which nanaes are placed upon the asses- 
sor's list for said ward, by the assessor of said ward for the year 
1838. 

' Philadelphia 7 October 1st, 1838, 

couKTY, 3 1st vvard Spring Garden. 

Joseph AshtoD, for aot being a resident of the 1st ward Spring Gardes^ 

nor otherwise a qualified voter. 

Hugh Alexander, do 

James Abraham, do 

Hugh Alexander, do 

Joseph Anderson, do 

William Almendizer, do 

James B. Astin, do 

James B. Atherton, do 

Jabez Amos, do 

Frederick Athbundugh,D. J, . do * 

John T. Armbruster, do 

William J. Allen, (on age) do 

Charles Armington, (on age) tlo 

John C. Abel, (on age) do 

John Arther, D. J. do 

James D. Aiking, do 

Isaac Brad way, do 

Charles Brown, do 

Reed Bidleman, do 

Thomas B. Baker, do 

John Betts, D. J. do 

Isaac Baker, do 

Aaron Blanchard^ do 

Thomas Boyd, do 

William Beatty, do 

William By water, do 

Charles Baeking, do 

Jacob Bealer, D. J. do 

Jacob Bloomer, D. J. do 

Charles J. Bell, (on age) do 

John Bealos, D. J. do 

Charles Bragg, (B.) do 

Edward Bradway, do 

Joseph Boos, (on age) do 

Frederick Bo wersj do 



James Barry, for not being a resident of the 1st ward, Spring Garden^ 

not otherwise a qualified voter* 

James T. Boyd, do 

Charles A. Bishop, (on a£;e) do 

Isaac Brown, (on age) do 

Gotleib T. Brown, D. J. do 

Abraham Baird, do 

Charles Bradly, (on age) do 
Bumfort Ralph, (B. on age, corrected to 

G. on 1st iast.) do 

Samuel C. Bellvill, (on age) do 

William C. Cansler, do 

Gharles Claypole, do 

J. C. Comfort, do 

John Craft, (not a citizen) do 

Peter B. Croft, (on age) da 

Charles H. Cos, do 

James Av Clapper^ (on age) do 

John Cuthbert, do 

Charles Cartle, D. J; do 

Francis G. Callahan, do 

Joseph Cooper, (on age) do 

Abraham Clouds, do 

Andrew D. Crapper, do 

Samuel Croaer, (on age) do 

William B; Carlie, do 

Richard Caldwell, do 

Amos Crocker (on ftge) do 

James Chamberlain, do 

Felix Campbell, do 

Joseph A*. Clenker, (on age) do 

Joseph Cornell, do 

Joseph Cheeseman', do 

Thomas W. Cheston, (on age) do 

John Campbell, do 

Joseph Chapma», (on age) do 

Joseph Champion, do 

John Culverson, ©. J. do 

Joseph Cooley, (on age) do 

Nathan Craine, do 

Joseph B. Crookingerj, do 

Robert Cally, do ' 

Cochrane Charle&> do 

Samuel L. Davis, do 

Thomas P. Drownj do 

John Dfebrot, do 

Daniel Dohan, do 

Abel Dill worthy do 

Deir, D» M-. do> 



57 

©aniel Deir, for not being a resident of the 1st ward, Spring Garden, 

not otherwise a qualified voter. 
James Dartmouth, do 

Samuel Dehoover, do 

Robert Donaiason, do 

Robert Davis, do 

George DttU, do 

Edward Davis, do 

Martin Dqgell, do 

Robert Dyball, do 

James Dempsey, do 

James Drane, (on age) for not being between the age of 2t & 22, an«l 

the son of a qualified voter, &c. 
Thomas Davis, (on age) do 

William Davenport, jr. (on age) d© 

Joseph Derby, ^on age) do 

James Dickey, (on age) do 

Thomas R. Dill worth, (on age) do 

James Debloss, for not being a resident of the 1st ward Spring Gar- 
den, nor otherwise a qualified voter. 
Josef)h Evans, do 

James Ellis, do 

Christopher Elmour do 

Pan! Eugeum, do 

Lewis Erion, D. J. do 

Leopold Eckert, D.4. do 

Thomas Evans, do 

Caleb R* Evans, do 

Aaron H. Everty, do 

Charles C. Estovick, do 

Issacher Evans, do 

Abel Ellmore, (on age) lor not being between the age of 21 & 22, and 

the son of a qualified voter, &;c. 
Jacob Ether, (on age) do 

Samuel Evans, ^on age) ' do 

Lewis Every, (on age) do 

James Ellis, (on age) do 

Thomas R. Firth, (on age) do 

Jno. Falmouth, (on age) do 

George Fenton, (on ag6) do 

David Frarjks, (on age) do 

John Flowers, (on age) do 

James Fish, (on age) do 

David Fernan, (on age) do 

Thomas Francis, for not being a resident of the 1st ward Spridg Gar 

den, and not otherwise a qualified voter. 
JohnFodell, do 

Mathias Friester, do 

Asa Fry., d© * 



58 

Patrick Foley, for not being a resident of the 1st ward Spring Gardent 

and not otherwise a qualified voter., 

Patrick Frazier, D. J. do 

Patrick Fagle, D. J- do 

Frederick Fowser, do 

Joseph B, Fealty, D. J. ^ do 

Dharles Fenner, do 

Joseph P. Fenlow, D. J, do 

Henry Freeman, do 

John Gardenar, do 

Jacob R. Gibbs, do 

William Good ball, do 

Willinm Green, (on age) for not being between 21 & t2, and the son 

of a qualified voter, &c. 

Samuel Griffith, (on age) do 

Jacob Goodwin, (on age) do 

Gabliel George, (on age) do 

John Grary (on age) do 

James Groves, (on age) do 

Joseph Godfrey, (on age) do 

John Hart, (on age) do 

Charles Herring, (on age) do 

Samuel D. Hall, (on age) do 

Henry Hanoren, (on age) do 

Aaron Hippie, (on age) do 

John B. Hartley, (on age) do 

John Hawk, (on age) do 

Samuel Hansell, (on age) clo 

Edward Haverstick, (on age) do 

James Henery, do 

Samuel L. Hallowell, do 

Moses Hale, for not being a resident of the 1st ward Spring Garden, 

nor otherwise a qualified voter, &c. 

Henry Holmes, D. J. do 

Charles Haverstick, do 

Peter Hall, do 

Samuel B. Hastings, do 

Thomas Holden, do 

William Hawkins, do 

Seth P. Halloway, do 

William Hammar, do 

Isaac B. Horn, do 

William Hackquin, do 

Thomas Hanson, senr^ do 

Thomas Hanson, junr. do 

Clayton Hames, do 

Luther Houghton, do 

George Jones, do 

Daniel Jacobs, * . do 



Jacob Johns, for not being a resident of the 1st ward, Spring Garden, 

nor otherwise a qualified voter, dec 
Peter Jacoby, do 

Johnson Jones, do 

Charles Jones, do 

Jones H. Jones, , do 

Benjamin Jones, jr. do 

L. L. Johnson, do 

John Jasing, D. J. do 

Henry Illman, do 

Peter Jugle, (on age) for not being between 21 & 22, and the son 6f 

a qualified voter, &c. 

Patrick Kilbreth, J. D. for not being a resident of the 1st ward Spring 

Garden, nor otherwise a qualified voter, &;c. 

William King, (at Pottsville) do 

Jacob Kraughner, D. J. do 
Josiah Kraft, on age, for not being the son of a qualified voter, and 

between 21 and 22, &c^ 

Mahlon M'Kahn, on age do 

Henry Kunze, on age do 

James Luther, on age do 

George Lindsay, on age do 

Joseph Lott, on age do 

Peter Laferty, on age do 

Chas. Leadbeater, on age ^o 

John Lloyd, on age, do 

John P. Lipton, on age do 

Frederick Lulz, on age do 

Joseph Leech, on age do 

James Luther, on age do 
John Lightfoot, for not being a resident of 1st ward Spring Garden, &c* 

Thomas Lowry, do 

Edward Lambert, do 

John Longstreth, do 

Jacob Lerain, do 

Isaac Lambert, do 

Robert Law, do 

Benjamin L. Leland, do 

Moses H. Leonard, do 

John Libby, do 

Joseph Loyd, do 

John Marsh, do 

Charles M'Cartey, do 

William M'Kean, do 

Edward M'Cornell, do 

Lindsay M'Cline, D. J. do 

Jacob Miles, do 



60 

Arora. Miller, for not being a resident of 1st wa^-d Spring Garden &c<. 

James Maddock, do 

John J. Mangan, do 

David Mussey, do 

William F. Murphey, do 

William May, do 

Daniel W. Marrana, do 

Hugh M'Gill, do 

John May, D. J. do 

Matthew M. M'Cann, D. J. do 

James M'Manus, tio 

John Markenelder, do 

William M'Connell, do 

John P. Malton, do 

William M'Mackin, do 

Robert M'Calley, jr. do 

William Matock, do 

Lawrence M'Heill, D. J. do 

William M'lllvaine, do 

Henry Morton, on age, for not being between 21 and 22 and the son 

of a qualified voter. 

George W. M'Clure, on age do 

Joseph Matthew, on age do 

Thomas M'Curdy, on age do 

Robert Middleton, on age do 

William N. Moorehead, on age do 
John Miller, jr. on age j do 

William Martin, on age do 

Charles Mortimer, on age do 

John Marple, jr. on age do 

Joseph Mount, on age do 

Aaron Morgan, on age do 

"John P. Neigus, on age do 

Thomas Neff, on age do 

George Nevins, on age do 

Isaac Norton, jr. on age do 

John Norton, on age do 

C. Nathans, on age do 
Robert Newlin, for not being u resident of the Isrward Spring Gar- 
den, nor otherwise a qualified voter, &c» 

Stephen Nathan, D. J. do 

William N. Nash, do 

William P. Neff, do 

Owen Newmire, do 

William Nailor, do 

John Newill, do 

Jonathan Ogden, do 

Robert Ogden, 7th bU do 



61 

John Ogle, jr. on age, for not being between 21 and 22 and the son 

of a qualified voter. 

James Oat, on age do 

Robert Pelby, on age do 

Samuel Peters, on age do 

Amos Price, on age do 

George W. Perry, on age do 

Samuel Palmer, on age do 

George W. Patterson, on age do 

Francis A.. Perot, on age do 
Robert Perry, for not being a resident of the 1st ward Spring Garden, 

nor otherwise a qualified voter. 

Nathaniel Randolph, do 

David B. Rising, do 

Jahn T. Reakirts, do 

Henry Reeves, do 

William P. Reeder, do 

William Rorer, do 

William Rowland, do 

John Rippershear, D. J. do 

Joseph Rapp, do 

David Richards, do 

Manley Rowe, do 

Ferdinand Roberts, do 

Richard Roberts, D. J^ do 

John Robinson, do 

Charles Roberts, do 

Peter Rodgers, de 

John G. Ringland, do 

Enoch Remick, do 

John Renert, do 

James Rempson, do 
John Rose, on age, for not being between 21 and 22 and the son of 

a qualified voter. 

James Ringold, on age do 

Joel Remmington, on age do 

Robert T. Rambo, on age do 

Nathan Scofteld, on age do 

George F. Smith, on age do 

Washington Smith, on age do 

Philip Sinkle, on age do 

Charles Martin Smith, on agt^ do 

William Sterr, on age, do 

Philip C. Slucker, on age do 

John Sybert, on age do 

Henry Sticker, on age do 

Augustus Smith, on age do 

Andrew J. Scott, on age do 



62 

William Sobz, for not being a resident of the 1st ward Spring Gar« 

den, nor otherwise a qualified voter, &Cc 

Joseph Sibbs,» do 

Lewis Stall, do 

Henry S hilly, do 

Samuel Selby, do 

Albert Stein, do 

Abel Starkey, do 

James R. Stakly, do 

Adam Stoddart, do 

David Scull, do 

Matthew Stewart, _ do 

Abraham Sellers, do 

Robert T. Smith, do 

Jacob Stale, D. J. do 

Benjamin Swartz, D. Ji do 

Jonathan Shuman, do 

Samuel Sharp, do 

Joseph Sharp. do ' 

Carlos Swift, do 

George Shearer, do 

James Simpler, do 

Adam Saxer, D. J. do 

John Talbert, do 

Able Tucker, do 

Thomas R. Taylor, do 

Joseph N. Treadwell, do 
William B. Terry, on age, for not being between 21 and 32 and the 

son of a qualified voter. 

Jacob Tripple, on age do 

Joseph Vealty, on age, do 
Abraham Vanholt, D. J. for not being a resident of 1st ward Spring 

Garden, and not otherwise a qualified voter. 

Frederick Vanholt, D. J. do 

John Vernon, do 

Jacob Vanslanger, do 

George Winters, on age, for not being between 21 and 22 and the 

son of a qualified voter, &c. 

Robert Weeks, on age do 

OATH. 

I, Henry Simpson, of the First ward Spring Garden, a resident 
qualified voier of the said ward, Do hereby solemnly and truly swear,, 
that I believe the names ot'the voters challenged by me in the forego- 
ing statement to be illegal, and that before I dropped m the Post Office, 
Philadelphia, on Monday, the 1st inst. at about 12 o'clock M. notices 
addressed to each individual there named, I called previously upon the 
assessor of said ward, Samuel Copeland, who said he could not give 



63 

me the residence or dwelling place of any of them, that he had taken 
down the residence of none except that of Samuel Hart, (No. 194. 
north Sixth street.) 
Witness my hand and seal this 1st day of October, A. D. 1838. 

(Signed) HENRY SIMPSON. [Seal.] 

Sworn and subscribed before me, this 1st day 
of October, 1838, the date above written- 
(Signed.) T. M. RUSH, J. Peace, 

Philadelphia county. 



Friday, October 5th j 1838. 
In the matter of the election in the first ward, Spring: Garden. 

Affidavit, (fee. of Henry Simpson, presented, and on motion ol 
John M. Read, Esq., the court grant a rule on Samuel Copeland and 
Jacob Gardner, judges, and David Woelpper, Jr., and John D. Nine- 
steel, inspectors of said election, to shew cause why they should not 
erase the names of challenged persons from the registry of said first 
ward, Spring Garden, correct the assessors list, &c., or why a manda- 
mus should not be issued to compel them so to do. 

Returnable 6th inst., at 10 A. M. 



Philadelphia County, ss. 

The Commonwealth of Pennsylvania, to Samuel Copeland and Jacob 

Gardner, judges, and David Woelpper, Junior, and John D. Nine- 

steel, mspectors of the election m first ward. Spring Garden — 

Greeting : 

At the instance of Henry Simpson, we command you and each of 
you, that you and each of you, be and appear before our judges, at 
our court of common pleas for said county, on Saturday, the 6th day 
of October instant, at 10 o'clook A. M., to shew cause, if any you or 
each of you have, why you should not erase the names of the persons 
challenged from the registry of said first ward, or correct the assessors 
list of registered voters in the said first ward of the district of Spring 
Garden, by placing opposite the names of the persons so challenged, 
and whose names were not stricken off, corrected or proved tc be legal 
voters, the letter C — or why a mandamus should not be issued by our 
said court to compel you so to do ; and generally, to do and abide the 
order of our said court in the premises —and this you are in no wise 
to omit at your penl. * 

Witness, the Hon. fed ward King, Esq., president of our said court, 
at Philadelphia, this 5th day of October, A. D., 1838. 

ROBERT MORRIS, Prothonotary, 



Aaron Lovett, being duly sworn according to law,, deposeth and 
saith that, — I served a copy of the within rule on Jacob Gardner 
personally, on Friday, October the 5th, instant, between twelve and 
one o'clock P. M. j also, on the same day, at a little past one o'clock,. 
I served a copy ot the within rule on John D. Ninesteel personally, 
and on the same day, I served a copy of the within rule on David 
Woelpper, Jr., about 2 o'clock in the afternoon, personally. Thesa 
copies were handed to the above mdividuals by this deponent ; he 
stated to each that I was requested to serve them with the paper,; I 
saw each of them open the copy and look at it ; I called upon Samuel 
Copelandthe same day at about ten minutes past one o'clock, at his 
house in Sixth street, next door to the corner of Button wood street; 
I saw a lady who said he was not m, he had just gone away a, few 
mmutes before ; I then went to his shop in Buttonwood, between Law- 
rence and Eighth streets — one of his men told me he had just left 
there three minutes before; I then went to his house at 4 o'clock- in 
tke afternoon — I saw a small girl, she told me he was generally m at 

5 o'clock; I stopped in the neighborhood until 5 o'clock, or a little 
after;, Icalled again at his house about a quarter past 5 o'clock ; I. 
saw one of his boys, a lad, throwing down timber into the cellar, and. 
he told me he had left him at the corner of Broad and Spruce streets ;, 
I called again at his house at 6 o' clocks— the lady I had seen, said they 
were waiting for him to come in to supper ; I returned about half past, 

6 o'clock — the lady said he had been in and went out ; I then called 
again about 8 o'clock — the lady said he was not in, did not know when 
he would be in ; I then called at his dwelling house between 9 and 10 
o^clock of the same evening, and left a copy of the within rule with 
the said lady, who is one of his family, and requested her to give il. 
to him when he should come in ; she said she would. On Saturdayj. 
the 6th October, I went down again, at half past six in the morning, 
and went into Mr- Markes' dwelling, corner of Buttonwood and Sixth, 
a little before seven o'clock ; I saw Mr. Copeland come to the base- 
ment story door of his own house ; I waited to see if he would not 
come out ; he went in and shut the door, and I went directly over and. 
went to the basement door and knocked, and the same lady came to 
the door, and T asked if Mr. Copeland was in, she said he was not ; I 
told her that he was in : she said he was not, and I told her that 1 had; 
seen him ; my intention was to serve him with a copy personally. 

AARON LOVETT. 
Sworn and subscribed in open court, October 6> 183&. 

GEO. NORTON, for Prothonotary. 



65 

Philadelphia County, ss» 

The Commonvvealh of Pennsylvania, to Samuel Copeland and Jacob 
Gardner, jutiges, and David Woelpper, junior, and John D. Nine- 
steel, Inspectors of the election in first ward, Spring Garden — 
Greeting : 

At the instance of Henry Simpson, we command you and each of 
you that you and each of you, be and appear before our judges at our 
Court of Common Pleas, for said county, on Saturday the 6ili day of 
October, instant, at 10 o'clock, A. M. to show cause if any of you or 
either of you have ; why you should not erase the names of the per- 
persons challenged from the Registry of said first ward, or correct 
the assessors list of registered voters in that said first ward, of the 
district of Spring Garden, by placing opposite the names of the per- 
sons so challenged, and where names were not corrected and stricken 
off or proved to be legal voters, the letter C — or why a mandamus 
should not be issued by our said court to compel you so to do, and 
generally to do and abide ihe order of our said court in the premises — 
and this you are in no wise to omit at your peril. 

Witness the Hon. Edward King, Esq., President of our said court 
at Philadelphia, this 5th dav of October, A. D. 1838. 

ROBERT MORRIS, Prothonotary. 
The return of Samuel Copeland a judge of first day, and Jacob 
Copeland, judge for the second day of the election, in the first ward 
of Spring Garden, and David Woelpper, junior, and John D. Nine- 
steel, Inspectors of said election to the writ of mandamus issued by 
the court of common pleas of Philadelphia county, at the instance of 
Henry Simpson — respectfully shews : 

That they being convened on the r2th day of October, at the place 
designated by the Sheriff for the porpose and objects meniioned in 
the 22nd section of the act of the 16th of June, 1836; the relator 
Henry Simpson presented the schedule hereto annexed, (and to the 
part of this return) marked, A, purporting to be the written statement 
required by the 22nd section of said act in case of challenges ; and 
these defendants further stated that the only evidence laid before them, 
that notice had been given to the individuals challenged, or any or 
either of them is contained in the affidavit endorsed in said schedule, 
A, and these defendants further return that they consider the said no- 
tice or attempt at notice utterly nugatory declined examining into the 
grounds of said challenges, and furthermore as said law, according to 
their construction requires some proof before the letter C is placed 
opposite to the name of the challenged, that he could not be found, or 
some other sufficient excuse for not giving him notice of the challenge, 
they declined placing that letter against those names containied in re- 
lators schedule.—So answer, SAMUEL COPELAND, Judge. 

DAVID WOELPPER, 
JOHN D. NINESTEEL, 
JACOB GARDNER. 

J. M. READ, for relator. 
Defendants join m demurrer, 

E. F. W. PUBBELL, for defendant. 



66 

Monday, October 8th, 1838. 

In the matter of the Registry of the first ward, Sprifig Garden. 

Return and answer of the defendants filed, the relators demurs to 
the said return, and the defendants join in demurrer and therefore the 
court award a peremptory mandamus accordmg to the prayer of the 
plaintiff in relators petition. 

Certified as a true copy of the record of proceedings bad in the afore- 
going matter of the election in first ward, Spring Garden. 

W. 0. KLINE, Prothonotary. 
May 7, 1839. 



Thomas Doyle, sworn. 

I reside in the middle ward in the city of Philadelphia. I was clerk 
in the office of the county commissioners the year before last, 1837; 
was dismissed in 1838 ; previous to that time it was the custom when 
the day arrived previous to the six months before the election, 
that we entered no more names on the assessment book. We pre- 
pared a book for the purpose of entering such as were presented by 
the assessor, either by note or otherwise. Subsequent to the six 
months before the election, last year I was employed by Col. H. Simp- 
son to draw a copy of the index from the assessment book of the 1st 
ward Spring Garden ; I did so, and returned it to him. I made a note 
of the list, but do not recollect the number of votes it contained. — 
From the time I indexed the book there was eighty-five names added ; 
after this Col. Simpson addressed me a note through the post office, 
stating he wished to see me at the Custom House. I went, he re- 
quested me to ascertain the names of the eighty-five persons who were 
added. I went to the county commissioners' office, look the index 
with me to ascertain the residence of these eighty-five persons. I ap- 
plied to the commissioners' clerk to see the book of the 1st ward, 
Spring Garden ; he told me I could not see it; I replied why so; he 
said you shall not have it. I replied I did not wish to take it away, 
I only wanted to see. the residence of the persons in the assessment 
book ; he then told me the book was at M. Desilver's the book-binder. 
I called at M. Desilver's store in Market street, took a gentleman with 
me, saw Mr. Lindsey the foreman, and requested to see the book of 
the 1st ward. Spring Garden. He asked me if I was not in the com- 
missioners office ; I replied I was not, I wished to see it. Fie then re- 
plied the book was all in pieces, he could not disobey orders, and un- 
less I obtained an order from the county commissioners I could not 
see it. I went to Simpson with the index, told him of the conversa- 
tion; next morning an article appeared in one of the papers, and the 
books then appeared in the commissioners office ; I did not see or ex- 
asnine them ; It was too late ; they were regulating the registry list 
and after that I cannot tell whether any other names were added. I 



V7 

"^^io not recollect the time this occurred. I made no application for the 
books after they returned to the commissioners office, from Lindsay. 
'I was clerk in the commissioners office a long time ; since 1832 ; I 
was employed occasionally in the office since I was discharged, to 
copy an index. I believe the names were registered indiscriminately; 
after the assessment was made I saw several of the assessors add 
names after the time fixed bylaw for assessment had expired. I 
noticed this in several of the wards of the city, particularly in Chesnut 
street ward; they also added names in different wards and districts in 
the county. I knew several applications were made by others to 
obtain access to the assessment book. Mr. Pearsall know made ap- 
plication ; Mr. Pearsal was a candidate for office last fall; Mr. Lind- 
say is a federalist : Mr. Plankinton is clerk and a federal in politics ; 
Mr. William O. Kline was clerk, is not now, his politics f do not 
know; I am a democrat in politics, have always been; Mr, Peter 
Albrights' general reputation, and from general, rumor for fairness at 
elections is -bad. 

THOMAS DOYLE. 
Sworn and subscribed, April 26th, 1839, before me, 
James R. Snowden, Chairman,. 

Witness discharged. 



William Peiesgl, affirmedo 

I reside in the 1st ward, Spring Garden, I have some little know- 
ledge of the registry list, I examined it and found an increase of names 
of last year of two or three hundred, I think there was an increase of 
11 t3r 1200 ihe year before; 134 were put down on age; I was at the 
eorrection on the first and second day of correcting the list. Col. 
Simpson read off a list of persons to be challenged, upwards of three 
hundred. He requested the judge, Mr. Gardner, to mark the letter 
(C.) opposite their names; while Simpson was reading the names 
Oardner said lie would not hear him, and requested the inspectors to 
proceed in their business; Simpson replied, **I will read them whether 
you wi llhear me or not." Previous to this We appointed a commit- 
tee to go around the ward and give a written challenge to the persons 
on this challenged list; Mr. Lovett reported that he could find but one 
in that ward, a boy. He was directed to throw the written challen- 
ges in the post-office. The letter carrier Mordeca Hart told me he 
tould find but one in the ward. The inspectors refusing to add the 
letter (C.) were brought before judge King, who ordered the letter 
(C) to be added. I applied to the clerk of the county commissioners 
for th« index of Lower Delaware ward, and also wished the allow- 
ance book. Mr. William 0. Kline directed me to Mr. Plankinton, wha 
stated the book was at the binder's, and requested me to call the next 
ilay; after it returned I obtained the index book, but could not obtaia 



the allowance book; at the time Simpson presented the Fist of ehal^ 
lenges, the officers were all there but one; I was a candidate last fall 
for County Commissioner; the assessor goes round and takes down 
the names of the inhabitants of the ward, but who made out the list 
I do not know; I was very little on the ground during the day of^ 
election^- 

WILLIAM PEIRSOL. 

Affirmed and subscribed, April 26, 1839, before mey 

James R. Snowden, Chairman. 

Witness discharged. 



jFohn Miller, Sworn. 

I reside in the 4th ward, Northern Liberties, prior to the electiois^ 
a number of the democratic party, to which I am attached, met in 
that ward, and divided that ward into twelve blocks, two or three in 
each committee. The committee I belonged to visited every house 
in the ward, I believe the others did so, each block contains about 
eleven and a half squares; we enquired the politics of each man we 
called upon in that ward, we had a list taken from the published list 
of the Sheriff, (witness here exhibited a list which is attached to his 
testimony) we marked on our list all the democrats, the list contained 
about 800 names. About ten days previous to the eleclK)H, the judg- 
es and inspectors sat for the purpose of correcting the list and for 
challenging. The first day I attended the whole time time they sat. 
I made ihe corrections on my list as they made them. 1 was careful 
to note ail matters as they occurred. I attended the greater part of 
the second day. When I left this list was left in the hands of 
Powel Channels, During the time I presented a list to be chal. 
lenged. I suppose this list contained twenty names, and handed 
it to Mr. Bela Badger, who was a judge of the election and re- 
quested an answer whether he would receive or reject it. He stated 
he would give me an answer the next day. The next day he stated 
that they decided to refuse this list as a challenge, at this time there 
was a number of persons present, Mr. Charles Hinkle, John C. Smith, 
Alexander F. Brown and others. Some conversation took place re- 
lative to rejecting this list between Brown, Badger and Smith, Badger 
replied that if they had left me and him alone in settling the matter, 
we would have had fair play. Mr. Brown said, then you intend la 
cheat us. Badger replied "yes I intend to cheat you.^ On the morn- 
ing of the election I attended at the polls, took my place along side 
of the windov,', so that I could see and distinguish what passed and 
who voted, I had my book and noted all who voted. I remained 
there until about noon, when about iwo thirds of those who voted thai 
day had thea voted. I found that those who voted and were marked 
as democrats voted correctly whh two exceptions, a democrat voted a 
whig ticket ; the other not marked voted a democratic ticket I could 



69 

teli from the ticket how they voted, tb'3 designation of the democi'atk 
ticket for officers was printed in large capitals, and the federal tickets 
were printed in italics. When I left the book was left in the hands 
of Alexander F. Brown Powel Channels and others. From this book 
the result of the election would have been 213 for the democratic 
ticket; for the other ticket 404, leaving a majority of 191 for the 
whig ticket. The whole number of voles polled according to this book 
was 617. Mr. Emmo Kimber, one of the inspectors of the election 
told us that the number of votes polled would not exceed 630, this 
was about the close of the polls. I did not ascertain the state of the 
poll, noi have never heard it yet. The democrats in the Fith ward 
were active. The inspectors had for clerk John Jordon. The offi- 
cers in that wjird were whigs. I know Jordon, and to the best of my 
knowledge, he was not a citizen of the state. His general charac- 
ter was that of a reokless young man. He arrived in the city short- 
ly before the election, and left shortly after. I heard from persons 
who were from Alabama, that Jordon came from there. He was not 
a citizen of the county at this time; formerly resided here; went 
away and returned ; is a single man. As a politician Peter Albright's 
general character was a very bad one; as a man who would not scru- 
ple to do any thing at elections, i know Albright long ago. In the 
fall of 1836, he told me that at a previous election he had thrown 124 
tickets in the ballot box, to make 18 majority. My impression is he 
meant in the 1st ward. I suppose it was at a constables election, for 
he was constable of that ward himself. He is a man that I believe 
does not regard his oath, and I believe will cheat. I moved in the 
1st ward in December, 1834, and remained until the spring of 1837>. 
I heard that he had bet before the result was known, or offered to bet, 
but do not know that he bet money. Albright changed his politics 
in 1836. He wished to be nominated for assembly; the democrats 
refused and he left the party. The officers in the 4th ward were all 
whigs. 

JOHN MILLER, 

Sworn and subscribed April 26, A. D. 1839, before me 

James ^nowden, Chairman. 

Witness discharged. 



Joseph W. Blight, affirmed, 

I reside in the First Ward, Northern Liberties; I know the num- 
ber of votes in the ward, there are 624 voters in this ward; I regis- 
tered them myself; there are about 100 in addition to those registered 
residing in this ward who are not entitled to vote; when I registered 
tlie votes I called upon every person at their residence, took down 
their names carefully; I did this on my own accord; this was a week 
or 2 after the election; I heard Albright, taking his own statement say, 
^'that the whigs had more majority in that ward than there were voters 



TO 

in it; I was bred and born in this ward; I saw a person vote in tbs 
name of Samuel Roney, who I knew was at Cincinnatti, Ohio; there 
was no person of that name residing in the ward when I took the 
registry; he lived in that ward the year before, I know there were' 
names added to the list after it had been corrected; Mr. Charles Win- 
ters, who keeps tavern in Callowhill street, told me that he had 
brought four men from Southwark, and obtained their votes on the 
day of election, and if another election took place between Mr. In- 
gersoll and Mr. Naylor he would bring them back again; Mr. Win- 
ters is a whig and was formerly a democrat; I saw Mr. Beard from 
Kensington attempt to vote in our ward, he had a ticket in his hand, 
I stopped him; there are 224 democrats in the 1st ward, which I as»> 
pertained when I went around the ward; Beard is a whig; I know that 
whigs from the city were brought to this ward to vote. I saw Geo. 
1). Patton and Robert Williamson vote; Patton resided at the Bull's 
Head, this is in the 1st ward, Williamson boarded in the 1st ward- 
at the time he voted, I know both of them, they are single men; I was 
not employed or paid to register the voters in my ward, it was of ray 
own accord; I told Mr. Stevenson, senator, of the intrigue practised 
in the ward; told others, but I do not remember their names; I made 
the register for my own satisfaction and those of my friends; I am a 
brush-maker by trade; do not carry on business in this ward; my 
present business is to manufacture brushes; the persons Winter's toLd> 
me had voted, boarded at his house, and were got there for the pur- 
pose of voting in our ward; I do not know the name of the person^ 
who voted in Samuel Roney's name; one or two wh« voted the whig 
ticket were arrested at the polls and put in the watch-house, I did not 
see them dismissed or let go; I told Winter's when he brought up- 
the fourth man I would have him taken up, but I was certain justice 
would not be done, I take an active part in politics when I please. 

JOSEPH W. BLIGHT- 
Sworn and subscribed, April 26, A. D. 1839^ before me, 
James R. Snowden, Chairman, 

Witness discharged. 

On motion of Mr. Zeilen,. 

Committee adjourned to meet at 9 o'clock to-morrow morning. 

SubpcBnas issued to Emmor Kimber, John Lewis, George MyerSj, 
John Martin, Lewis Snell. 

Returnable, April 27, 1839. 



Saturday^ April 27, 1839. 

Committee met pursuant to adjournmeat. 

Present — Messrs^ Snowden, Flenniken, Zeilin, Roberts and Cun- 
aingham. 

Sergeant-at^Arms reported that he had siibpcBned John G. Wat* 
mough, John Lewis,. George Migyersj John Martin and Lewis SnelL 



71 

John G. Watmough, sworn : 

I was acting as high sheriff of the city and county of Philadelphia, 
J endeavored to do my duty as sheriff, and was anxious to preserve 
order, quiet and peace at the last election. I employed a force suffi- 
cient to preserve peace and order at every poll, which was paid for by 
mO; but afterwards refunded to me by the county commissioners. I 
stationed civil officers at each poll — they were deputations appointed 
by me; there were between two or three. hundred men placed at 
Spring- Garden, fifty at the Northern Liberties, fifty at Southwark, and 
three or four at Kensington. The men at Spring Garden 1 superin- 
tended myself; I never saw a more quiet, orderly election than the 
election in Soring Garden ; since I have been sheriff I have every 
year done the same thing ; there was a body of men at Temple's 
house, I placed them theie for the purpose of preserving the peace, 
and kept them out of view to prevent any misapprehension ; they had 
no badge to distinguish them ; I provided staffs which were painted ; 
these men were all very respectable ; Temple's house was comfort- 
ably filled with men — would contain about 60 or 70 ; I have never 
before appointed such a large body of men ; these men were composed 
of mechanics, were respectable and were of different politics ; I sup- 
pose the entire number employed and stationed at the different wards 
amounted to about five hundred; I held meetings some three or four 
days before the election, and made appeals to all parties to preserve 
order ; the men were paid for their services ; some were on duty from 
Monday evening to Wednesday morning, who received $0, others 
received $5; there were men at Spring Garden; I took the force 
10 Spring Garden on Monday evening, and they continued there until 
AVednesday morning ; the men were put in Temple's house on Mon- 
day evening ; I never left the poll till after 7 o'clock on Wednesday 
morning; on the evening the return judges met, I went to the state 
house a few minutes before 12 o'clock ; my object in going there was 
to see that the day prescribed by law was complied with, that the 
return judges were under the roof I had ordered them to meet, and 
that the hour of twelve was not violated ; I ordered the return judges 
by proclamation to meet there; I was not there during the whole 
time the return judges were in session ; I remained there but about 
five or ten minutes ; do not recollect whether the clock struck before 
or after I left ; I left word with a number of persons where I could be 
found — I left word with those who had seceded from the majority of 
the return judges ; I was not at the sheriff's office that evening, the 
office was not opened after 9 o'clock — if opened after that time, it was 
left open without my orders ; I believe I was at my counsel's office, 
Mr. Williams, that evening ; the returns were handdB to me by, I 
think, Bela Badger, between 12 and 1 o'clock; I received no instruc- 
tions what should be done with the returns; no one presumed to give 
me instructions ; I gave the returns to my deputy ; I have always sent 
the returns the moment I received them ; I have never known so 
peculiar a case before ; I saw one of my officers, handed him the 
returns immediately, paid him $20, with orders to lake them to Har- 



72 

risburg and deliver them safely ; I do not recollect of sending for my 
deputy ; he left for the inclined plane in company ivith Mr. Bela 
Badger; I have no recollection of any conversation with Mr. William 
B. Reed that evening ; there was no arrangement made to send these 
xelurns to Harrisburg; I considered the affair an unfortunrte one ; I 
went into my office between 12 and 3 the next day, enquired for the 
other returns, obtained them; these were marked as placed in my 
office at 9 o'clock that morning; J sent these returns to Harrisburg 
by a gentleman introduced to me by Col. James Page, in whom I had 
confidence; these returns I handed him on Monday morning; the 
only reason why I did not send them by a deputy, was because I was 
authorized by no law to send a double sett of returns ; at the time I 
handed these returns to my deputy, I expected there would be two 
setts of returns, which I took for granted by seeing the turmoil, ifec. ; 
my office was never kept open after 5 o'clock P. M., except in cases 
of riot and disturbance, when I have gone to my office after night; I 
did not keep away from the office to prevent the reception of returns ; 
I have always left word at my house, and if any person had called 
there, they would have been told where 1 could be found ; sometimes 
I have not received the returns for several days ; I had no notice 
whatever to delay the forwarding of the returns ; I have not the 
slightest knowledge that orders were given to the man having charge 
of the state house clock to prevent its striking at 12 o'clock ; I never 
heard that Mr. J. J. M'Cahen called at my house on Sabbath, although 
I think I was at home during that day; I was informed that the 
secretary of the commonwealth received the returns I forwarded the 
same day ; on Monday morning, Col. M'Cahen called on me and 
claimed the returns he had left there ;.I told him they had gone; he 
♦hen replied I was wrong, that the returns should have been sent 
through the post office ; I wrote two letters to Harrisburg, in one I 
acknowledged the first returns handed me as the legal returns, which 
I considered so because they were handed to me by a return judge, 
properly marked returns; in the other I did not ; John L. Woolf was 
uiy authorized deputy, and I considered myself responsible for all 
legal acts performed by him ; the only reason why 1 gave the first 
return the preference, was that it had been returned to me by a return 
judge in person, in accordance with the act of assembly ; I do not 
recollect to whom it was addressed, or what it contained. 

Question by the Chairman, Mr. Snowden : — When you received 
the returns from one of the six judges, did not you know that a ma- 
jority of the seventeen judges were opposed to these returns. 

Answer— [ knew there was a difference between the return judges; 
that a majority went one way and the minority the other, but what 
they contained I knew not. I knew the gentleman who handed it to 
me was in the minority. If Mr. McGahen's return had been handed to 
me first, it would have been sent immediately. I did not know what 
ticket would be elected by the returns placed in my hands first. I 
knew the fact that there was a majority in the county of Philadelphia 



73 

for the democratic ticket ; of which fact I informed a number of my 
friends. I thought there was no earthly means by which the rights 
of the people could be secured but by placing the whole matter before 
the highest tribunal. The secretary of the commonwealth enclosed 
me a draft for $20 00 as a reimbursement for the amount paid to my 
deputy ; in this transmission the law was quoted in the letter covering 
the draft. The seven judges I found in the circuit court room of the 
State House when I called to see them ; I was not aware that the ma- 
jority of the return judges had adjourned; I saw the whole body of 
the return judges in the morning, saw that a difficulty existed and left 
ihem. I knew that the six judges intended to make a transmission of 
their returns. I arrived at this conclusion from what 1 saw in the 
morning, 1 did not know, nor was I informed that evening, that the 
majority return judges would make out a return, or what ihey deter- 
mined to do. I at first learned on Saturday morning, when the sec- 
ond sett of returns were handed to me in my office, that a second sett 
had been made. There was some person in the room where I found 
the seven judges, name I do not know ; when I came in the room, the 
return judges were in the act of seahng the returns. 1 made no in- 
quiry what became of the other ruturn judges. I do not recollect of 
any person being placed in my custody on the day of the election. 
There was a row in Spring Garden, a young man was being beaten 
unmercifully, and I ordered Charles Whatman to bring him to me, 
which he did. There was a considerable disturbance at this time. I 
know nothmg of a charge made against this young man, for fraud. 
I was not assailed while on horseback ; or charged with having acted 
unfairly by Mr. Hause. 1 do not reside in Spring Garden, but reside 
in the ctty. The election was most credibly conducted in Spring 
Garden ward, and I believe, at all the other polls. T remember that 
a charge was made of a young man having thrown a handfull of tick- 
ets in one of the boxes; I was in the room at the time; an explana- 
tion took place with regard to the manner in which those tickets were 
placed there ; which explanation gave entire satisfaction to all parties 
around the window, and to Dan'l Hotz. Whenever a doubt was expres- 
sed relative to the counting, an examination immediately took place. 
The registry list was published by me, and greac care taken of it by 
myself, and not permitted to be handled by any but the printer, who 
received explicit instructions to copy it correctly, and take care of it. 
the law relating to the registry act was strictly complied with. I 
always kept the list under lock and key in my own desk, and permit- 
ted none of my deputies to handle or control it. 

JOHN G. WATMOUGH. 

Sworn and subscribed, April 27th, A. D. 1839, before me, 
James R. Snowden, Chairman. 

Witness discharged. 

Subpoena issued to Daniel M. Leisenring, returnable on Monday 
29th inst. 

On motion of Mr. Flenniken, 

Committee adjourned to meet on Monday at 9 o*clock. 



74 

Monday, April 29, 183m 

ComnrJttee met pursuant to adjournment. 

Present— Messrs. Snowden, Flenniken, Zeilin, Cunningham and' 

Hoberts. 

Sergeant-at-arms reportSj that he has subpcened Daniel M. Leise- 

.ing. 



John Martin, sworn tr 

I reside in the fourth ward Northern Liberties. At the time of the 
election, I resided in the third ward of the Northern Liberties, I made 
a registry of the votes in the fifth and second ward, I went to each and 
every house in the fifth ward, made enquiry, and ascertamed that 
there was a democratic majority in that ward, I have not the registry 
with me, it is at No. 17 in Green street, at Edward D. MartinS; I made 
out this book from the information obtained from heads of families in 
that ward ; the whole number of votes were about one thousand, I made 
this in the latter end of October, it took me thirteen and a half days, 
I made it at the request of the democratic association of the fifth ward, 
and was paid for my services by a committee of that association, I mar- 
ked, and was careful to ascertain the number of voles, and how they 
voted. The voters in that ward, all informed me how they had voted 
with the exception of four or five. I made enquiry, and ascertained 
by calling at the residences of voters in the second ward, how they had 
Toted. There was a man with, and assisting me in this ward, the book 
will show by the marks I made, the number in that ward was about 
five hundred. The object of the committee was to ascertain the ma- 
jority in this ward, I made the majority in the fifth ward for the demo- 
cratic ticket about one hundred, and in the second ward about one 
hundred and fifty to one hundred and sixty for the whig ticket. I nev- 
er heard the returns of either the fifth or second ward, Lewis Snell, 
told me that the whigs claimed in the second ward about three hun- 
dred majority. This I heard him say in November last. The num- 
ber marked voting in the fiilh ward for the democratic ticket was a- 
bout five hundrd, some thirty or forty told me who bad been marked 
as voting, that they had not voted. I marked voting for the whig lick- 
ed about four hundred, I do not remember the number marked as vo- 
ting the democratic ticket in the second ward. I was also paid for 
making the registry in this ward, I had reason to believe that each' 
voter to whom I applied for information how they had voted, told me 
the truth. Witness here produced the book above referred too, further 
examination continued until to-morrow.^ 

On motion of Mr. Flenniken, 

Resolved that when this committee adjourns, it adjourns to meet at 
S o'clock this afternoon, agreed to. 



Same day, 3 o'^clock, P» M; 

On motion, 

Committee adjourn for want of a quoram, until 9 o'clock to-morrow 
ififjorniug. 

Subpoena issued to Thomas Downing, Jacob Painter, Joshua Fletch- 
er and Michael Gochranj returnable April 30, 1839, at 9 o'clock,. 

A. M.. 



Thursday, May 2d, 1839. 
Examination of John Martin resumed- 

In the second ward Northern Liberties, I visited 519 persons who 
were registered by me ; 34 of this number stated they did not vote 
on the day of the election ; 18 of this number I could not ascertain 
whether they voted the whig or democratic ticket ; I ascertained that 
five of the 519 left the ward about July last; one left in* March 1838, 
and one left in May 1838 ; all those registered by me were on the 
published list of the sheriff; among these of my list and the sheriff's 
list, two told me they were aliens, and one of them told me he had 
voted, the other did not ; two were out of town on the day of the 
election ; one told me he was not naturalized and that he had voted y 
one who was registsred told me he was in Virginia on the day of the 
election, one was in Delaware, two in New York, two voted who 
were not registered, one voted no other ticket but for the amendments, 
one voted a split ticket, one belonging in this ward voted in Blockley 
township, and one in Spring Garden ; out of the whole number I 
found voting the whig ticket, were 283 ; those I found voting the 
democractic ticket, were 160. There were a number of names on 
the sheriffs printed registry, amounting to 44, whom I could not 
find in this ward, though I made diligent search for them. Those I 
refered to as being absent and aliens, were on the sheriffs printed 
register. The whole number I registered in the 5th ward Northern 
Liberties, was 965, out of this number sixty-two who did not vote 
on the day of the general election. One of this number told me he 
had voted the ticket for the amendments only ; one an alien told me 
he had voted, one voted who told me he was not entitled to vote in the 
fifth ward Northern Liberties. In visiting this ward two, from their 
conversation, were doubtful voters ; the whole number vofing the 
democratic ticket, as they told me, were 499 ; there was 70 mea on 
the sherifTs printed registry that were not to be found in the ward ; 
this was in the latter part of October ; some had no doubt moved out 
of this ward into other districts. Mr. Martin's further examination 
continued,. 



76 

Friday, May 3d, 1839. 

Examination of John Martin resumed, who produced the follow- 
ing papers referred to upon former examination. 

No. 1. The five men referred to as having left the second ward in 
July last. 

No. 2. As those who did not vote, voted, not registered, &c. 

No. 3. Not ascertained which ticket they voted. 

No. 4. Names of voters who did not vote. 

No. 5, Names of persons registered, not found in 2d ward, North- 
em Liberties. ^ 

No. 6. Names on the printed registry not found in 5th ward, 
Northern Liberties. 

No. 7. Names who did not votes, &;c. in 5th ward, Northern 
Liberties. 

No. 1,2,3,4 and 5, as referred to include the second wards North- 
ern Liberties. 

No. 6 and^7 as referred to include the sixth and 7th wards Northern 
Liberties. 

JOHN MARTIN. 

Sworn and subscribed May 3, A. D. 1839, before me, 
James E.. Snowden, Chairman. 
Witness discharged. 

Paper No. I. 

Left the second ward in July last^ ~ 

Robert B. Claxton, , ; 

John Gamblin, 
Samuel W. Neal, 
Mathias Smith, Jr. 
Lewis Smith, 

Paper No. 2. 

Isaac Field, left in March, 1838, 

Wm. M'Nair, left in May, 

Ezekiel Foster, one jear ago, 

Henry Elsmuller, alien, did not vote, ^ : 

Jacob Gulden, alien, dont know, vote or not, 

John Hancock, out of town on day of election, • , 

George Wise, do do 

James Haywood, voted, not naturalized, 

James Hassell, in Virginia state, 

Charles Loesser, in Delaware state, 

James Martin, in New York state, ] 



77 

John Vanmason, voted, not registered, 

Wm. Weaver, do do 

Elisha Wilkinson, for amendments only, 

Samuel L. Clements, split ticket, 

Andrew Rediper, voted in Blockley, 

James Sharp, do Spring Garden, 

Gideon Pritchett, did not know, voted, registered o^»ot5^ 

Edward Corey, N. A. not registered. 

Paper No. 3. 

Not ascertained which ticket they voted,. 

Wm. B. Baker, 
Wm. Boyd, 
John Breand linger, 
George Bleickford, 
Edward W. Beeshnell, 
George L. Chambers, 
Alexander Coyle, 
Godfrey Haynes, 
Joseph Hillier, 
Henry KnaufF, 
Peter D. Myers, 
John S. Pearson, 
David Soby, 
Mathias Smith, 
Thomas Speakman, 
Mr. Walters, 
Benjamin H. Warden, 

Paper No. 4. 

Names of voters who did not vo^^ 

Richard Airy, 
Benjamin Booth, 
Julius Bedticher, 
Alfred Bitting, 
Joseph Carr, 
John W.Clark, 
William Coofc, 
Daniel Curry, 
Thomas E. GhapmaOy 
George S. Craige, 
John Duncan, 
William G. Eekhardt, 
Edward Epplesheiraefy 
William Gordon, 
Martin Harrastead, 
John S. Hough, 
Jjorenzo Hicks, 



1^ 

Samuel Johnson, sick. 
.Emanuel Jester, 
Abijdh Price, 
William Quayle, Sr. 
James Richardson, 
Israel Roberts, Jr. 
John Shirey, 
James Stroup^ 
Thomas Smithy 
David Stainrook, 
John Vanderbelt, 
Israel VVhite, 
Thoinas Wight, 
-John Wallace, 
John S. Whirlow, 
Abraham Woerner, sick. 
•Henry Yahn, 

Paper No« .5. 

Names of persons registered not found in second ward Norihe^R. 

Liberties. 

'^George Buck, 
Alphies Cooper, 
George Campbell, 
John Cohen, 
Thomas Cook, 
Johi C. Drake, 
Wililani H. Delano, 
Adam Fry, on age. 
Wiliiam Harrison, 
Jofhn Hand, 
WilHam Homer, 
Thomas Hufty, 
William Height, 
"George Jackson^ 
John Kohler, 
Patrick Keaugh, . 

Enocii Keen, 
Jacob Link, 
Barisabiis Leinch, 
♦George Lush, 
George Moore, 
Wiih;;n) Mason, 
John MoGurk, 
Samoel Morgan, 
John Matlock, 
Alexand^T M'Gonega;!, 
;Rohefi Neal, 
Henry l^ippenger, 



7§ 

Feter M. Pitcher, 

John Rowlett, 

Valentine Shower, 

■Isaac Knight Tyson^ 

William Totten, 

James P. Totman, 

William Versellis, 

John Wright, 

Henry Weigh tman, Jr. on age. 

William S. Wolf, 

Abraham Weaver, 

George Wilson, 

Isaac R. Williams, 

Samuel Weiss, 

Paper No. 6. 

Names on the printed registry not found in 5th ward, N. L, 

Cristian Amos, 

Alfred A.llen, 

John Arna, 

Aaron Bryan, 

Frederick Butler, 

Jacob Beale, Jr. 

Moses B. Baints, 

John W. Brue, 

Hichaid Harris, 

Mr. Beckster, 

Wm. Craren, 

Amiable Coursault, 

John A. Clark, ' 

John Donaldson, 

Jacob Donaldson, 

John Eichill, 

Charles Enni«, 

0eorge Finch, 

Henry Fouse, 

Francis Fagoite, 

Thomas Frank, 

Frederick Fnehurt, 

David Gomery, 

Peter Gout, 

Mathew Gawl, 

€otleib Glefitler, 

James Hoover, 

John Hoffman, 

Thomas Hunsbury, 

Henry Faeoley, 

James Kelly, 



80 

John Kimble, 
Collen Kimble, 
John Krane, 
C. Klutz, 
Jacob Lentz, 
Jacob Lusbry, 
Francis M'lntosh, 
Augustus Metyger, 
John M'Guier, 
John M'Leary, 
Nathaniel Nimrone, 
George Oram. 
Peter Provast, 
Samuel Pidgeon, 
Isaac Powell, 
Jesse Ritter, 
James Reamer, 
Samuel Reed, 
Samuel Richards, 
Fedoes Reci, 
Martin Saugman, 
Enos Sweeney, 
George Strut, 
Nicholas J. Towns, 
Wm. Thompson, 
John W. Taylor, 
Ferryman Weaver, 
John Weeds, 
Charles Will, 
Charles Wilson, 
Thomas Williams, 
George V. White, 
James Warton, 
George Wickam, 
Lewis White, 
Wm, Williams, 
Charles Winginbeller, 

John Young, left Philadelphia two weeks before tlie election, gone 
Baltimore. 

Paper No. 7. 

Names did not vote, &c« 5th ward, Nortkern Liberties. 

William Alexander, 
George Bickham, 
William Barr. 
Ebenezzar Barrows, 
Joel Bateman, 
Peter Bartleson, 
Zachariah Blecher, 



Leopaiil Coursaul 

Thomas Clark, 

David Crawley, 

Ezekiel Coston, 

Lewis Cook, left Philadelphia ten weeks ago* 

John A. Curtis, died before election. 

John Dilman, 

John Davis, 

Smith Freeman, 

John Fegenbush, 

Joseph Giberson, voted in Kensington. 

John Gordon, inspector, not entiiled to vote. 

Richard Hayward, 

George Hawry, 

George D. Hanck, 

John Hirschberg, 

Samuel Irwine, on age. A. Mintzer, would not register him, would 
not let him vote. 

Joseph Keyser, left a month since. 

Henry Lamb, 

Ephraim Lukens, 

George Lufler, 

A. D. Louiset, alien. 

Joseph Leatherberg, left 19th August, died five weeks since, 

Comly L. Lukens, Bucks co. hotel, not of age. 

Joseph Miller, 

John Mason, 

James Mathew, 

Edward Mullen, 

George Mull, 

Daniel McGargee, would not let him vote* 

Gotleib Nagle, 

Henry M. Nagle, left Philadelphia in June. 

Jacob Richmond, 

Ellison B. Linmire, douptful. 

James Smart, voted, not naturalized. 

Charles Rubicum, amendments only. Information by William Gold- 
smith. 

John Turner, not entitled* 

Edward Price, 

Abraham Peters, 

Andrew Plish, 

Thomas Rawling, 

Charles B» Roberts, 

Israel Sell, 

Peter Shull, 

Jacob Stout, 

Gotleib Shultz, 

Wm. W. Stratton, removed to third Ward* 



82 

Charles Snyder, 

Frederick Smith, left one week before election, gone }o Pittsburg- 

Eden D. Stewart, 

John Sands, left two years ago. 

Jacob Tripler, Sen. 

Nicholas A. Thorn, 

James Taylor, dead. 

Christian Ungerbuler, D. S. 

Wm. Vinyard, at sea 12 months* 

John W. Waterman, 

James Williams, 

David Wolf, 

David Young, Jr. l&ft in March. 

Isaac Zane^ 



April 30th, lS'J9o 

Committee met pursuant to adjournment, 

Present — Snowden, Roberts, Zeilin, Flenniken and Cunningham^ 

Sergeant-at-arms reported that he has subpcened Thomas Downingy- 
Joshua S. Fletcher and Jacob Painter. 



Thomas Downing, sworn ; 

1 live in the Terret of the State House, I was appointed doorkeeper 
at the meeting of the return judges, and have been for a number of 
years. In the forepart of the day there was somewhat confusion, a 
thing that I had never seen before, there was various persons admitted 
in the room that were never admitted before, among them was Mr. 
Charles J. Ingersoll and Mr. Charles Naylor, Col. Watmough was 
in frequently and others whom I do not recollect; I staid there all 
day until 9 o'clock at night ; the return judges wanted some other 
place, the application appeared to have been made by both parties; the 
larger portion of the return judges had left before 9 o'clock, those re- 
maining I left in the United States court room, there were seven or 
eight of them, Mr. Charles Naylor and Sheriff Watmough went in, 
I left the Sheriff out about 13 o'clock, he was not in longer than about 
ten minutes, came in after 11, left before 12 o'clock, I was asked by a 
gentleman if there was no way to prevent the clock from striking 12 ; 
it was one of the judges, name I do not know, I dont thmk there was 
many democratic judges there ; I told them there was a way to stop 
the clock, but I would not do it, the clock was not stopped but struck 
13, it was on the stroke of one when they were done and went out^ 
the name of the judge in the room was Mr. Bela Badger, Mr. J. Rob- 



83 

Vins, "clerk,'^ was there. There were several in the room besides 
Mr. Naylor, who I call fist i- cuff- men, Mr. Thornton and VVm. E, De- 
kney were among them ; in the morning when I went into the room, 
first, Mr. Charles J. Ingersoll might have been there, Mr. Charles 
Brown was there also, I was standing at the front door of the state 
liouse, and went up at twenty minutes before 12, when I was called 
upon to stop the clock, at this time before they adjourned at one o'clock, 
they were busy writing, sealing and directmg papers, I did not see 
them making up any papers before 12 o'clock. They might have 
done so without my seeing them, I do not know what particular pa- 
pers they made out; the fisti-cufT-men I saw there in the evening 
were whigs, these same men were there during the afternoon of the 
same day, the man who asked me to stop the clock was one of the 
return judges, the room was crowded during the day, those I let in the 
room claimed to be witnesses, dont know the politics of the witnes- 
ses examined, I am a democrat; I know that there are federalists 
and democrats, but I am a democrat, those I admitted were of both 
parties, I know these fisticuff-men to be whigs, 1 hold my office under 
the city council and was appointed by the federalists. 

THOMAS DOWNING. 

Sworn and subscribed, April 30th, A. D. 1839, before me, 

James Snowden, Chairman. 

Witness discharged. 



Joshua S. Fletcher, affirmed. 

I live in Moyamensing, in Catharine street. I know Dr. Michael 
F" Groves. lie was inspector in Moyamensing on the day of the 
election. I was clerk of the two preceding elections in Moyamensing. 
-He happened to take a jump, and went over to the opposition. He 
met me in the lower part of Moyamensing, on the rail road, and 
asked me how I was going at the election, if I could swallow the 
'nomination, and if he and I could agree it would be an advantage to 
me. That I should have $50 00 and get $10 00 to go inside" and 
act as clerk. He told me to make up my mind and call again, I did 
so. He told me he had seen no one and that he was up for the high- 
est bidder. He told me he could not do much until he got the regis- 
try — that he was to have the first copy, and requested me to call 
again. I called upon him daily from that time until the correotioa 
ot the registry . One of the evenings I called upon him, he said that 
there were two hundred and five of our men, "democrats" taken to 
work on the canal and rail road, and if they would not support Rit- 
ner, that they would not be permitted to vote, but if they would vote 
for Ritner they would be permitted to vote. That the tax receipts 
would be made up for them. That if you and I can agree, we caa 



make up the deficiency. I have done the like before and can do it 



84 

again, I called upon him again. He bad then lieard T was not the 
Simon pure — that I was going in the old track, continuing to support 
the democratic party, and that he could not trust me. I called upon 
him again ; a man by the name of Andrew Kirkpatrick was there. 
Groves asked him, dont you think Fletcher can be trusted, Kirkpat- 
rick replied "o yes he can;" alter some conversation Dr. Groves said 
that the democratic county ticket is to be defeated. 1 asked him m- 
what manner, he replied wait and your shall hear. I said suppose 
there are votes enough ; he said never fear, we have made arrange- 
*nents, and the democratic county ticket must be defeated; ©harles- 
Brown must not go to the legislature. I met him again, he said to 
me there is a great talk about you, Joel B. Sutherland — says you 
must not go inside — that you are a friend of Paynter. He replied 
never mind,.dont be angry you shall be remunerated or rewarded. — 
This was on the evening before the meeting of the correcting of the 
registry. On Monday they were to have a caucus on the evening of 
the 10th. I met him at the corner of South street, he wished me to 
eome there. He requested me to call upon jMf. Samuel F. Reed to 
see and get his influence with Mr. Joel B. Sutherland, to have me ap° 
pointed one of the clerks. He said Mr. Stevens Burns was going in, 
and if I would go in it would be the making of me ; it was a fine 
field for young men. I did not go to the meeting. I saw him at 
10 o'clock ; Dr. Groves told me it is all fixed, you cannot go in as 
clerk, you shall be appointed a Sheriff's officer on the day of eleetiono 
He said that there was $3,000 00 appropriated to carry on the elec- 
tion in the county of Philadelphia, and with it they could make some- 
thing out of it. I suppose he meant to distribute it among us as bribeso- 
r again met him and had some conversation with him. 1 was present 
at the time the registry was taken. The Sheriff ordered us out of the 
room ; at the conversation with Dr. Groves before referred to, he told 
me that they would correct the registry with closed doors ; after we 
assembled Dr. Groves got up and requested all to leave the room, and 
he would correct the registry. We did not leave the room. Mr. 
Charles Brown read the law upon the subject. Dr. Groves threaten- 
ed to go for the Sheriff, and did go for him; we then appointed a 
elerk to take down the names of all who came to be registered. Br. 
Hubbell a resident, came and asked to be registered, he found his 
name was not there. He was told that Dr. Groves was away, and 
refused to register his name, unless he left the room. The SherifT 
came about 3 o'clock P. M. he said he understood there wa& a riot. 
Mr. Charles Brown said he would not leave the room, unless forced 
to do so. We suggested to them to take one citizen for each window 
to register the names; the Sheriff then said certainly. Dr. Groves 
jumpt up and said no. The Sheriff then said it car^not be^ and com- 
menced putting us out of the room. He put his hand on Mr. Charles 
Brown, who went out, then took out several others. Mr. Farrell was 
determined not to go"out ; the Sheriff then gave way and permitted 
us to choose two men, Mr. Philip C. Donnelly and Mr. James Ron- 
aldson. I never called upon Dr. Groves again ; I did not get ray 



•85 

appointment or his money; I did not wish his money. It was never 
my intention to take money ; my object was to get inside of ^,he house 
and see fair plair. 1 would have got the money and office both if I 
had gone with them. I communicated all the conversation with Dr. 
Groves to Charles Brown Samuel C. Thompson and Edward A. Pen- 
niman, to show them that I had no intention of being bought by them; 
they gave me no advice, nor did I ask them for any ; what course to 
pursue; my own judgment dictated what course to pursue. I was 
daily in company with these gentlemen. Had Ibeen appointed clerk 
I would only have taken the legal iees appointed by law for my ser- 
vices, I intended to expose their schemes and frauds on the morning 
of the election had I got inside. Dr. Groves had the windows board- 
ed up ; there was only a small hole at the window ; the commissioners 
had left it up for a few days, and then took it down on the day before 
the election. I saw men employed by the Sheriff, some of them told 
me so ; one of them ordered me to be quiet or hold my tongue, and 
said he was a Sheriff's officer. I am a coach trimmer by trade. — 
There was 20 or 30 men at the correction of the registry of both par- 
ties ; at one time there was bu« three in the room ; sometimes as many 
as fifty, who came to have their names registered. It always was a 
general rule for the people to go in the room, and see that their names 
were registered. I did not see the list of voters of Moyamensing; I 
am well acquainted with the democratic voters of Moyamensing, there 
were some of the poor persons missing on the day of election, who 
did not vote, but I do not recollect the number of them. At every 
election we appoint a committee to bring up the voters, we generally 
appoint men who we know will do their duty. These committees do 
not report; I was told on the day of election, that there were several 
of our voters missing; 1 was not on the committee; 1 was no appli- 
cant for any office ; I gave myself no trouble about the matter, be- 
cause I was disgusted at their conduct. At the time I communicated 
the conversation with D. Groves, to Mr. Charles Brown, Jamuel C. 
Thompson and others, they gave me no advice, they know my char- 
acter, and I would have considered it an insult in them, to offer such 
a thing. The politics of Andrew Kirkpatrick is the same with Dr. 
Groves. I believe he is a runner in the United States Bank. 

JOSHUA S. FLETCHER. 

•Sworn and subscribed April 30, A. D. 1830, before me, 

Jamks R. Snowden, Chairman, 

Witness discharged. 



Jacob Painter, sworn : 

I was inspector of the 7th ward. Northern Liberties, at the last 

-election ; Mr. Bela Badger was our return judge of that election ; I 

did not see him sworn on that day ; I saw them all sworn or affirmed 

with the exceptioji of Mr. Peter Albright ; I noticed that Albright 



86 

was not sworn : I am certain he was not sworn in that hall— he 
might have been sworn somewhere else — the other officers were 
sworn in the hall — -it is usual to swear them in that hall, I was sworn 
there myself; I saw him file no paper that he was sworn elsewhere ;. 
the year before last he was inspector ; I observed that Mr. Albright 
was not sworn for the reason that I noticed he was not sworn the year 
before ; Mr. John C. Garrish was a judge of the 7th ward, and took 
one of the tally lists from us, and took it to Mr. Bela Badger; he did 
not bring it back ; we asked him what he did with it, he said he knew 
nothing about it ; we went to Mr. Jacob Heckley and asked him for 
it, he said he knew nothing about it ; when I first went in, I thought 
Heckley was to be our return judge; Mr. Heckley was active as the 
year before in preparing papers ; I do not know what office he held ; 
he took a right whether he had or not. 

JACOB PAINTER. 

Sworn and subscribed, April 30th, A. D. 1839, before me, 
James R. Snowden, Chairman. 

Witness discharged. 

On motion of Mr. Zeilin, 
Conimittee adjourned to meet at 9 o'clock to-morrow morningo 



WED\!fEsDAY, May 1st, 1839. 

Committee met pursuant to adjournment. 
Present : Snowden, Zeilin, Roberts and Flenniken, 
There being no witnesses in attendance, committee adjourned to- 
meet at 9 o'clock to-morrow morning. 



e 

Michael Cochran, sworn^ 

1 reside in South street below 4th street, in the city; I was not 
employed by Samuel H. Fisher, late register, in relation to naturali- 
zation papers that were prepared for any part of the state. 

Question by the Chairman, Mr. Snowden. — Do you know of any 
blank naturalization papers being prepared to be used and filled up for 
the late general election. 

Answer. — The witness declines answering this question for the 
reason that the answer would criminate himself and friends. 



Thursday, May 2nd, 1839. 
Committee met pursuant to adjournment. 

Present Messrs, Snowden, Flenniken, Cunningham, Roberts, and 
Zeilen;. 



8? 



Alfred M. Ci-ark, sworn, 

I reside in the 1st ward in Kensington; I was judge on the day of 
election; nothing occurred there but what was I believe right; I left for 
Harrisburg on the 2nd day of December; I was in the Hail of the 
House of Representatives on Tuesday; I stood to the right of the 
€lerk of the House, near the fire-place; I saw Mr. Stevens talking 
to a considerable body of men, about 20 or 30, near where he sat, ! 
saw him whispering to them and saw him give one of them a paper; 
a gentleman told me his name was McGoy, and that he was a Halifax 
bully; there were a great number of people near Mr. Steven's; Mr. 
Andrew Krause, sergeant-at-arms, told me that two of these men, 
from Halifax were dangerous men, and that he had understood they 
had killed a man; on the same evening I went to Mr. Gleim's to see 
a gentleman, he had gone to bed, I there saw the same men I had 
noticed in the rear of Mr. Steven's seat; Mr. John A. Fisher, a law- 
yer, of Harrisburg, was with them, I stepped to the bar to take a 
glass of ale, Mr. Fisher said that there were men came from Philadel- 
phia county who were a set of god damned rascals; I told him the 
men from Philadelphia county were as respectable as those from other 
parts of the state, the men got around me prety close, Mr. Fisher 
appeared to be the leader among them; I told Mr. Gleim I did not 
wish to be insulted in his house; Fisher had a cane which he handled., 
I told him if he struck me with that cane, I would make a hole in his 
vest, these men were advocating the cause of the whig members from 
the county of Philadelphia; I left the house and went to my lodgings 
at Mrs. Buehler's; next morning the dispute took place at the arsenal; 
I saw some of these men referred to walking in the arsenal, with 
fixed bayonets and muskets, up and down the window; the window 
was raised; I saw them ramming down their ram-rods, appearing to 
load their muskets; the citizens of Harrisburg appeared to be very 
much opposed to this, and wished to know the cause of it; the citi- 
zens of Harrisburg told the keeper of the arsenal if he did not tell the 
cause they would break open the doors and come in the arsenal, 
stating they had as much right there as the Halifax bullies he put in, 
he replied that there wero armed men in the arsenal and they must 
go off; the keeper was in the same room with them; a proposition 
was then made by the citizens that a committeo of three should be 
appointed to go in the arsenal, this the keeper agreed to; he then 
came out, and Gen. Diller, another gentleman, name I do not recol- 
lect, but on reflection think it was Mr. Charles F. Muench, and my- 
self were appointed said committee; keeper then said the committee 
should not go in, he then went in and locked the door after him, he 
then looked out of the window and said he would not let the demo- 
cratic committee go in, but if two whigs and two democrats were ap- 
pointed he would allow them to go in; I think he selected two whigs, 
citizens of Harrisburg and Gen. Diller and myself were appointed, 
some gentlemen took the keeper aside and whispered to him, do not 
recollect who it was; the keeper then said, "gentlemen if you stand 



8i 

back I will open the door and the committee may go in;" the people 
around the arsenal stepped back about twenty or thirty paces; the 
committee remained near the door. 

On motion of Mr. Roberts, 

Committee adjourned to meet to-morrow morning at 9 o'clock. 



Fkiday, May 31st, 1839. 

Committee met pursuant to adjournment, 

Present. — Snowden, Roberts, Zeilin, Cunningham and Fhnnikeo» 

Examination of Alfred M. Clark, continued. The keeper then un* 
locked the door, went in, took the key inside, then went to one of the 
windows and said he had orders to let no one in, told the people 
around the arsenal, if they would go away, he would let those men 
out himself; the people then dispersed, it was rainmg, two or three 
hours afterwards they were left out ; I saw the people, the same I 
saw in the House of Representatives referred to, and at Gleims ; I 
saw them run into Gleim;s house ; I saw several persons together at 
Gleim's house; I understood the cause of the people assembling at 
the arsenal was in consequence of men being in the arsenal, and 
wanted to know the reason why these men were put in the arsenal 
with arms, &c.; there were two or three hundred at the arsenal, not 
many from Philadelphia. The first cause of the excitement was the 
people catching a boy with a box full of cartridges, wheeling them on 
a wheel-barrow towards the arsenal, the back way, this was about 10 
o'clock ; I did not see the boy nor the cartridges, we understood they 
were cartridges ; I did not see the cartridges go in the arsenal , Gen. 
Diller did not form men into line, nor drill them ; he might have di- 
lected them to forma line and stand back ; I heard of no rumor of men 
attacking the arsenal, he endeavored with Mr. Charles F. Muench of 
Harrisburg, to keep peace and order; I went to Harrisburg on Sun- 
day ; I vvent with the members from the county of Philadelphia ; I 
saw William Warner and Mr. Greer at Harrisburg, and several others 
of my acquaintance; I know of no men bemg quartered in the jail 
at Harrisburg; saw no boxing or sparing among those from Philadel- 
phia county ; I know of no meeting at Mrs. Hotz's, on Saturday even- 
ing previous to the meeting of the legislature, nor of any other meet- 
ing ; I do not attend many meetmgs in the Northern Liberties; I never 
saw any funds raised lor persons going to Plarrisburg ; I have heard 
of people borrowing, and saw money lent to go to Harrisburg, have 
lent it myself; I wanted to see what was going on at Harrisburg; I 
was not requested by any person here to go to Harrisburg ; went on 
ray own responsibility ; I do not know but what I was at Mrs. Hotz's 
or somewhere in 9th street, before the meeting of the legislature | 
there was a meeting held there perhaps twenty or thirty attended; I 



89 

did not go in the meeting, but was only in the bar-room ; i did not 
know the object of the meeting ; I think Mr. John A.braham or some 
other person, and I came up from the city together; am not certain ; 
I saw no money raised or distributed at that meeting ; I saw no money 
loaned either to Mr. Warner or Mr. Greer ; I saw VVartman at Har- 
risburg ; saw him in the Hall of the Hoiise of Representatives at dif- 
ferent times, and different places on the 4th of December ; I saw a 
man they call Frederick Fritz there; I attended two or three meet^ 
ings in the court house at Harrisburg, the proceedings were publish- 
ed ; there was some disturbance after these meetings, occasioned by 
persons being arrested for conspiracy ; I knov/ of no money being 
transmitted to Harrisburg from here during the disturbance there ; I 
never heard of committees sitting at •' Hollahan's," for the purpose of 
raising money to send to Harrisburg ; I was at Harrisbug nearly three 
months, there nearly all winter ; I think I was there three or four 
weeks, returned and went up to see the Inauguration ; I am no office 
holder, would have received an appointment from the Governor ; made 
no application to the Governor for an office ; I never saw a cent rais- 
ed to send to Harrisburg in my life. 

A. M. CLARK. 

Sworn and subscribed, May 3rd, A. D. 1839, befor me, 

James R. Snowden, Chairman. 

Witness discharged. 

On motion of Mr. Zeilin, 

Committee adjourned to meet to-morrow at 9 o'clock, A. M. 



Saturday, May 4th. 1839^ 
Committee met pursuant to adjournment. 

Present — Snowden, Flennikcn, Roberts, Zeilen and Cunningham. 
Serjeant at arms reported that he has subpcened George Meyers* 

George Meyers, sworn. 

I reside in 5th ward Northern Liberties; I assisted Mr. John Mar- 
tin, in making the registry of the 5th ward Northern Liberties. His 
testimony, which I have heard read in relation thereto, is correct. 
We spent three days "after we were done registering," in searching 
for the seventy names on the printed registry, and could not find any 
of them. I believe there are no such men in the country or in the 
world; at all events none about this place. I travel the town, every 
morning and evening, in distributing newspapers ; the Daily News in 



90 

the morning, and the Evening News, in the evening. I inquired o 
other carriers, had a list of their names with me, and never could see 
or hear of any such persons as contained in paper (No. 6) attached 
to the testimony of John Martin. The carriers referred to, ivere Wii - 
liam Young, who carried the Penosylvanian,"and has since enlisted; 
Mr. Drinkhouse, had a route' in Kensington District, carried for the 
Daily Evening Nev^s; and others of whom 1 had enquired. I think I 
have the list of names yet; I carried it in my pocket a considerable 
time, and it is pretty well worn out ; I think I have it at home. Af- 
ter we were done and had made the enquiries above referred to. The 
citizens of the ward of both parties requested a meeting to be calledv 
for the purpose of having the names read and a statement made how 
they had voted. The meeting was called pursuant to public notice, 
by handbills which I served in every house in the ward. I, know the 
ward well; was born in it; brought up in it, and still continue to 
live in it. After serving these notices we had a very large meeting 
without distinction of party ; the largest I ever saw convened; it was 
held at North East corner of Coates and Budd street, at the house of 
Mr. John Sheaffer, in the largest room in the ward. Mr. John Mar- 
tin and I gave a statement to the citizens of what we had done ; Ma- 
jor Rice a secretary of the meeting read the names of the seventy 
persons above referred to. Mr. Thomas Bradford, chairman, put a 
question to Mr. John Martin, "whether he had made diligent search 
for these names ;" Martin replied " Yes, 1 have and so has Meyers; 
that we could not find any such persons, or any body that knew 
ihem. The chairman said, call these names over ; and they were 
called over, and as each name was called, an inquiry was made 
whether any person knew such a man ; no one in the meeting said 
they did. 

Some person in the back end of the room, then moved, "name I do 
Bot know, did not see him," that a committee be appointed to see what 
had become of the men, and if any person knew them. A gentleman 
by the name of Sturgis, said no, he hoped not, that two men had com- 
menced it, let them finish it. I then stated to the chairman, that i 
would have no objection to make further inquiry, when I was distri- 
buting the papers, and also make general inquiry of other carriers in 
relation to those persons—I knew they did not live in the -ward — if 
they lived in other wards and voted in that ward, I would have them 
prosecuted. The question was not put, the meeting was satisfied- 
other business was transacted, and the meeting adjourned, to meet 
that night week at the same house. The secretary, major Rice, then 
published in the newspapers a call for an adjourned meeting, stating 
what the object of the meeting was. The adjourned meeting took 
place; I attended and stated what I before mentioned, and that I could 
receive no further intelligence of those men. Mr. John Martin agreed 
to what I stated — we were discharged, and the meeting adjourned. 
I read the proceedings of that meeting in the Public Ledger and Penn- 
sylvanian; it was published in the "Ledger" because the meeting was 



without distinction of party. I have no copy of the notice that I dis- 
tributed through all the houses. Thomas Bradford is a democrat in 
politics; major Rice is a democrat; Mr. Sturgis is a democrat. At the 
first meeting I suppose there was three or four hundred in attendance. 
At the adjourned m.eeting there was, I suppose, two or three hundred. 

At the first meeting Mr. Dillman, a whig living in Second street 

near Brown street, in the 5th ward Northern Liberties, was a vice- 
president — a man by the name of Mr. Christian Reed, a democrat^ 
was another vice-president. There were three whigs and two demo- 
crats vice-presidents. There was a good many whigs at the meeting, 
those I recollect as being there are Messrs. Carpenter, Sheetz, Young, 
Shepherd, Caldwell, Stineour, Sherman, and others, names I cannot 
now remember. Carpenter and Sheetz I saw at the second meeting; 
those I recollect from the circumstance of my drinking with them. I 
doubt of these seventy persons voting. I know that there was more 
votes counted than there are persons living in the ward, or ever lived 
there at any time. 

GEORGE MYERS. 

Sworn and subscribed May 4th, A. D. 1839, before me. 
Ja3ies R. Snowden, Chairman. 

Witness discharged. 

On motion of Mr. Roberts, 

Committee adjourned to meet on Monday next, at 9 o'clock, A. M, 



Monday, May 6th, 1839. 

Committee met pursuant to adjournment — Present: Snowden, Ro- 
berts, Zeilin and Flenniten. 

There being no witnesses in attendance, 

On motion of Mr. Zeilin, 

Committee adjourned to meet at Harrisburg, at such time as called 
by the chairman. 



North East Commiteee Room, 

Harrisburg, May I4th, 1838. 

In pursuance of notice given by the chairman, and adjournment 
at Philadelphia, committee met. 

Present: Snowden, Flenniken, Cunningham, Zeilin and Roberts. 



John Montelixjs, called and sworn: 

I carre to Harrisburg the day before the meeting of the legislature? 
it was on Monday ; I received a letter from Mr. Stevens about three 
weeks before the meeting of the legislature, it was dated the 29lh of 
October last, wishing me to be here at least three days before the time. 
[Witness here produced a letter which he read, a copy of which is 
attached to his testimony.] The letter I received was enclosed with 
one of Mr R. P. M'Ciay who asked me whether I could come at the time; 
after I arrived I met with Mr. Stevens, think up stairs at Wilson's 
hotel, it was in the evening ; there were a great many there ; I did 
not know at the time who they all were ; Mr. Stevens and Mr. T. S. 
Cunningham and Mr. Spackman were there, whom I knew, also Mr. 
Zeilin and about forty others ; we consulted what to do ; the plan as 
developed in the house of representatives, was there agreed upon-; 
Mr. T. S. Cunningham was to be the speaker, and Mr. Zeilin one of 
the tellers ; the plan was we were to act with the whigs and keep the 
democratic members from the connty of Philadelphia out ; it was 
agreed upon that Thomas S. Smith should make the first speech, and 
Mr. Stevens was to nominate the tellers ; Mr. T. S. Cunningham 
■was to be provided with a pocket bible, and we were to have every 
thing ready ; I was willing to go on with them the first day, but after 
the first day it hurt my feelings, and I felt bad about it ; i thought the 
old clerk should take the question, and we would proceed as hereto- 
fore, but Mr. Stevens made a motion to appoint tellers ; there was a 
'great confusion at the time they voted for speaker ; some said I, some 
said here, some voted for Mr. T. S. Cunningham, and my colleague, 
Mr. Funk, did not vote at all — he sits near me ; Mr. Stevens look 
notice that Funk did not vote ; he came to me and said, " where the 
devil is your mun ;" I replied, why he is sitting back there ; I went 
to Mr. Funk and asked him why he did not vate, your name is called ; 
he replied that he did not hear it ; 1 then told him that Mr. Stevens 
wanted to see him, and took him to Stevens, saying here he is; 
Stevens said *' it makes no odds whether he voted or not, his name 
was taken down any how ;" this hurt my feelings again, for I knew 
he had not voted ; after the speaker was elected we were qualified, and 
left the house as soon as we could, or sooner provided we had posses- 
sion rightly, and then we ought to have kept the house ; our 
agreement was to vote for Mr. T. S. Cunningham for speaker ; after 
we adjourned, it was agreed to meet on that afternoon at the house, 
but did not ; on Thursday, after we met at Wilson's and organized, 
Mr. T. S. Cunningham was speaker, and we elected a sergeant-at- 
arms ; there were only forty-five members present, for I counted 
them ; while in session at Wilson's, a committee from the senate came 
in and informed us that the senate was organized and ready for busi- 
ness ; it was said and understood that if we would stick together, we 
could elect our United States senator, printers, state treasurer, and 
canal commissioners ; I attended at Wilson's three times ; I went and 
Sturdevant staid away, I staid and Sturdevant went, then we both 



93 

• 
staid away ; I told them that I was sorry that I had gone so far, thaf 
I thought it was not a straight course, and advised them all to go 
together, and we could fix the matter, let both speakers resign and 
elect a new one, let us throw the sixteen Philadelphia county members 
out and elect new ones, or 1 would not go with them any longer, that 
the majority should and would rule ; they would not agree to this^ 
but wanted to keep the eight whig members in ; this proposition, I 
made to Mr. Funk, told Samuel Shoeh, Esq., and all others who came 
to see me, among whom was Mr. John Gebhart,. late secretary of the 
land office, and Ner Middleswarth, Esq., — this was at my seat ; I 
gave our party notice that if they would not agree to this, I would 
not attend any more ; this I told to Mr. Funk on the 15th of Decem- 
ber; at the time I made the pioposition to them: to throw out the 
sixteen members from the county of Philadelphia, they said they 
would not agree to it, that they must have the eight whig members to 
keep their seats, and afterwards appoint a committee to have the matter 
investigated; on the 14th of December, I met Mr^ Funk, he said, 
come Montelius, we must have you, we are going up stairs, all is 
ready ; he said the senate would recognize us if we were all there ; I 
said I would not agree to this unless they accepted my proposition to 
throw the Philadelphia county members out, that the majority must 
and vifill rule in a free country, let it go in our favor or not, that Wi 
have always taken a straight course as far as I could see, and would 
always do so; I told him I was afraid it would hurt our party by 
doing so ; I did not go in, but left him* 

On the 15th December I met Funk about one hundred yards from 
my boarding house, he said, now Montelius, I am sent to give you no- 
tice to attend our meeting this morning, if you do not attend our meet- 
ing we will have you broke down ; we will write to every part of 
your district and have you broke down ; then what will you do ; I 
replied to him, that it was hard for m% to answer ; I told him you • 
can break me down, I dont care for that, I will never go with you 
or attend any meeting unless you do right; but here is something, 
witness laying his hand on his heart, you cant break down; I told 
him you know our election for speaker was not right; he said it 
made no difference, his intention was to vote but he did not hear his 
name called and did not vote ; I thought of being broke down and 
could not eat, I was troubled all day, I reasoned with myself and con- 
cluded to do my duty ; Saturday at 3 o'oloek in the afternoon, I went 
to Gov. Ritner's and met Stevens there, Stevens said, Montelius are 
you alive yet ; I said 5 es; Stevens said they have not killed me 
yet, and I wi-U sooner die than give way ; Stevens said' something to 
Bitner about men turning traitors ; Ritner said before he would give 
way he would sooner see them damned ; Mr. Lloyd was there ; I 
then left for my boarding house and told Sturdevant what had hap- 
pened ; that I now saw that we would have trouble, and something 
must be done to have the matter settled, and if they would go with me 
on Monday that I would have the matter settled and have peace ; he 
said he and Butler were willing and would go with me on Monday* 



94 

• 
On Monday morning 1 told him I had no rest, and asked him to go 
with me, that if they would not I would go myself; he replied that 
he and Butler were ready and would go with me, before I left my 
boarding house on that morning, Mr. Funk came again, said it was 
repotted that I had intended to go into the Hopkins' house, and that 
i should wait a couple of days yet ; I told hira I would do what I 
thought was right, but supposing he was sent as a spy, I did not tell 
him I intended to go into the Hopkins' house, I then came up to the 
house and took my seat, where I now sit; Mr. Robert M'Clay came 
to me and said, Mr. Monielius what in the world are you about; I 
told him I was going to take my seat in the house, he replied you will 
make it ten times worse than it was before, that I should consider it; 
I told him it might go in God's name, that I would take my own way 
and have a clear conscience. The speaker then called the house to 
order; Mr. Butler made a speech before he was sworn in, and we 
were all sworn in ; the last night I attended the Cunningham house 
a proposition was made by Stevens and some Philadelphia member, 
to take the house away, either to Erie, Carlisle or Philadelphia for 
protection, the motion was not taken ; I did not attend any of their 
meetings after that, for I thought it was going too far to have two 
governments in Pennsylvania ; after this 1 received a number of let- 
ters from my constituents in Union county abusing me, sometimes 
six or eight in a day, threatening to tar and feather me, that I was 
elected by the party and should stick to it right or wrong, they threat- 
ened to burn my house down, some of the letters were not signed, 
one of the letters was written and signed by Peter Richter, another 
was signed by two or three, I suppose it was written by Gen. Frick 
and mailed at Milton ; a few of my constituents came to Harrisburg, 
hut did not come to see me ; I made the substance of my speech, but 
it was a litde altered ; I kid not say as in that speech that the Gov- 
ernor had said that if any would give way they should be damned ; 
but that he said before he would give way he would see them damned; 
I gave my speech for publication to Mr. Richer or Frank ; I had not 
my seat in the Hopkins house when I went to see Governor Porter 
at Buehler's ; I told Carpenter and Hill of Westmoreland that I had 
never seen the governor and wished to see him ; I was not requested 
to go and see him ; they took me and told me he was the governor 
elect; we shook hands, sit down and talked a little ; he asked me in 
what town I lived, and how long I had lived there ; also asked me 
what I followed ; I went to see the governor but once ; the governor 
stated that he had a son sick ; the governor never promised me an 
office, nor did I ask him for one ; I told him I was in trouble and 
that I could not stand it long in that way ; I told him my conscience 
tells me that we did not act in the proper manner that we should 
have done ; he replied that conscience commonly was the best guide; 
I told him I could not stand this long the way i« was, that it must go 
one way or the other ; I told him that in all my life I had never 
been in such trouble before ; there was no promise about a judgeship 
to my knowledge 'by the governor, or any intimation of my obtain- 



95 

ing a judgship by any other person; I told some person that I was 
troubled about my son ; they told me that he should be satisfied ; he 
held a clerkship and foreman under the supervisor, Mr. Gutelies ; I 
wrote to my son that I would get signers for him for a clerkship in 
the Surveyor General's office ; I made enquire of Mr. Sallada, who 
who was appointed ; he replied there were about forty applicants ; 
that I should go to Mr. Klingensmith ; before I went into the house 
I never attended any Hopkins meeting ; Mr. Hegins give me a pro- 
position, a paper similar to the one which I wanted, which I showed 
to some of the Cunningham house, and they objected to it ; I cant 
recollect who I showed it to ; our district is Miffiin, Juniata and 
Union ; my colleagues are Messrs. Funk and Ramsey ; I was elected 
on the anti-masonic ticket last fall. Witness further adds that it was 
further understood that measures would be taken to contest the gov- 
ernor's election. 

JOHN MONTELITO. 
Sworn and subscribed May 14, A. D. 1839, before me, 
Jambs R. Snowden, Chairman. 
Witness discharged. 

Copy ofletter from Thaddeus Stevens lo John iMontelius, taken 
from the original as produced by witness upon examination : 

Harrisburg, October 29, 1838. 

Dear Sir. — ^I am much gratified at your election ; I hope you 
will be here the Friday before the meeting that we may all act to- 
gether. We shall have a turbulent time at the opening of the House, 
but we must be determined not to give an inch. Please come then 
and let us consult with old friends. 

Yours, 

THADDEUS STEVENS, 
John Montelius, Esq. 

On motion of Mr. Roberts, 

Committee adjourned to meet to-morrow at 4 P. M. 



WEDNESDAr, May 15lb, 1839. 

Pursuant to adjournment committee met. 
Present : Snowden, Roberts, Zeilen, Cunningham and Flenniken, 

There bemg no witnesses in attendance, committee 
Adjourned to meet to-morrow at 4 o'clock, P. M. 
SubpcEna issued to Francis R. Shunk, Esq. 

Returnable on the 16th inst. 



Thursday, May 16th, 1839V 
Pursuant to adjournment committee met. 
Present : Snowden, Roberts, Cunningham, Flenniken and Zeilen« 
There being no witnesses in attendance. 
On motion of Mr. Zeilen, 
Committee adjourned to meet to«morrow at 3 o'clock. 



Friday, May llftfe, 1&S9- 

Committee met pursuant to adjournment. 

Present : Snowden, Flenniken, Roberts and Zeilin. 

Frakcis R. Shunk, Esqo sworn. 

Question by Mr. Snowden, chairman : — I wish you to state all youi 
know in relation to the organization of the House of Representatives 
on the 4th of December last, and all the facts in connexion therewitho 

Answer : On the 14th of December, 1838, 1 submitted under oath,, 
to a committee of the Senate, a statement of facts in relation to the 
organization of the House of Representatives, which is here submictedy 
containing a true and full account of that transaction, so far as it 
came under my observation, and having been made so soon after the 
events transpired, is, of course, more perfect and in detail than any 
statement ray recollection now would enable me to make. 



Hall of the House of Representatives., 

Tuesday, December 4, 1838, the day appointed by the constitution 
for the meeting of the General Assembly, the members met in pursu- 
ance of previous notice at eleven o'clock, A. M. 

The uniform practice for twenty years or longer, in the organiza- 
tion of the House of Representatives, has been — for one of the mem- 
bers to rise at the hour agreed upon, and state- — "This being the day 
for the meeting of the Greneral Assembly," &c., and then to move 
that the returns of the election ol members be read ; which motion i» 
put by the Clerk, as well as all other motions until the Speaker is 
elected, and being determined in the affirmative, the clerk proceeds 
knd reads the returns. After the returns are all read, the clerk an- 
nounces the fact, and asks the members present to answer as their 
names are called, for the purpose of ascertaining whether there is a 
quorum present. After he has called all the names of the members 
returned, he states the number present. Whereupon, a motion is 
made by one of the members, that the members present proceed to 
the choice of a speaker, which being put by the clerk and determined 



lit the affirmative, he inquires whether the clerks shall officiate as tel- 
iers, which is always assented to. He proceeds to call the names ; 
and the vole being taken, if there is a choice made, he pronounces 
that the member having the majority of votes is duly eleaed speaker 
of the house of representatives, if there is no choice, a second vote 
is taken in the same way, and so on until a choice is made. 

In conformity with this pracriee, a motion was made by iVIr. Hill, 
of Westmorland, that the returns of the late election for representa- 
tives be read by the Clerk, which was unanimously agreed to. 

The secretary of the commonwealth being introduced, presented a 
sealed package, accompanied with a letter of which the following is 
a copy. , 

To the members elect ofihe House of Representatives, 

Gentlemen — Herewith are transmitted for your use, and in ac- 
cordance with the acts of assembly on the subjeci, the official returns 
of the election of members of the house of representatives of this com- 
monwealth, held on the second Tuesday in October, 1838. 
I am, gentlemen, 

With great respect, 

Your obedient servant, 

THO. H. BURROWES, 
Secretary of the Comtnonwealih, 
Harrisburg, Dec. 4, 1839. 

I then, in the presence of the members, opened the packet. After 
the return from the city of Philadelphia had been read, Mr. Pray of 
the county of Philadelphia, asked the clerk io state how many judges 
the paper received from the secretary of the commonwealth, purpor- 
ting to be a return of the election of members of the county of Phila- 
delphia, was signed, and how many election districts were included 
in it. To which I answered, having |he paper before me, that it was 
signed by six judges, and contained the votes for members of assem- 
bly in seven districts. Mr. Pray then presented a certified copy of the 
return of the election of representatives m the said county. 

Here a short debate occurred which was commenced by Mr. T. S. 
Smith, of the city of Philadelphia, who stated in substance tha t the on- 
ly evidence of the right of members to their seats, which con d be re- 
ceived in the organization of the house, was that contained in the re- 
turns received from the secretary of the Commonwealth. That he re- 
garded the paper presented by Mr. Fray to be, in that stage of the pro- 
ceedings, a mere nullity ; and he hoped, if a question should arise, that 
those who thought with him — that no return could be regarded if it 
did not come from the secretary of the commonwealth, would not 
vote upon it. 

Mr. M'Elwee in reply, contended that the secretary of the com- 
monwealth, being in possession of the return of which Mr. Pray pre- 
sented a copy, had no right to withhold it from the representatives of 
the people, or to judge of its legality. 
G 



98 

Mr. Hopkins expressed the hope that both reterns would be readr 
And the question being put by me, Shall they he read? was answered 
in the affirmative by the niembers presents Whereupon, the returii 
by Ml". Pray was read as follows : 

JUDGESo 

We, the subscribers, judges of a general election held at the seve- 
lal election districts in the county of Philadelphia, except the ineorpo"'^ 
rated district of the Northern Liberties, (which return was rejected), 
on Tuesday, the ninth day of October, in the year of our Lord one 
thousand eight hundred and thirty-eight, for representatives of the 
county of Philadelphia, in the house of representatives of the general 
assembly of the commonwealth of Pennsylvania, do certify, that the 
folloH'ing persons had the number of votes affixed to their respective 
names, to wit : 

Charles Pray, seven thousand eight hundred and seventy votes, 7870 

John W. Ryan, seven thousand eight hundred and seventeen 
votes, 7817 

Miles N. Carpenter, seven thousand eight hundred and sixty- 
nine votes, 7869- 

Thomas H. Brittain, seven thousand eight hundred and ninety. 

nine votes, 7899-- 

Abraham Helffenstein, seven thousand eight hundred and thirty, 
seven votes 7837. 

John W. Nesbit, seven thousand eight hundred and eighteen 
votes, 7818 

Thomas J. Heston, seven thousand eight hundred and nineteen 

votes, 781^- 

Benjamin Crispin, seven thousand nine hundred and twenty- 
two votes* 7923" 
And we do further certify, that the said Charles Pray, John Wo 

Ryan, Miles N. Carpenter, Thomas H. Brittain, Abraham IJelifen- 

stein, John W. Nesbit, Thomas J. Heston and Benjamin Crispin had 

the highest number of votes polled for Representatives as aforesaid, 

and we hereby declare them to have been elected members of the 

House of Representatives of the commonwealth of Pennsylvania. 
In testimony whereof, we, the said judges, have hereunto set our 

hands and seals, the day and first above written. 

George W. Smick, [L. S.] Jesse Weiss, [L. S.] 

Michael Pray, [L. S.] Justice Cox, [L. S.] 

AndV. Hager, [L. S.] J. H. Fletcra/t [L. S.] 

L. Crousillat, [L. S.] Benj. Sage, [L. S.] 

Charles Vansaiit, [L. S.] Peter Binder, [L. S.J 

This return was certified under tlie hand and seal of the prothono- 

lary of the court of Common Pleas of Philadelphia connty. 

The paper purporting to be a return from the same county, received 

with the other returns from the Secretary of the Commonweahh, was 

then read as follows, viz i 



m 

We, the return judges of the several wards, townships, and dls- 
Uicts of the county of Philadelphia, do certify that at an election held 
■on the second Tuesday in October, A. D. 1838, the following named 
persons appear to have the number of votes set opposite to their names 
for members of Assembly, in the districts of Spring Garden, the in- 
corporated district of Northern Liberties, Blockley, Moyamensing, 
Bristol, Germantown and Oxford, viz : 

Michael Day, six thousand three hundred and forty-six, 6,346 

Adam Woelper, six thousand four hundred and twenty-six, 6,426 
William F. Hughes, six thousand four hundred and thirty-two, 6,432; 
William Loyd, six thousand three hndred and fifty-five 6,355 

William J. Crans, six thousand four hundred and forty-two, 6,442 
Samuel F. Reed, six thousand four hundred and fifty-five, 6,455 

Benjamin R. Mears. six thousand three hundred and forty-six, 6,346 
Jesse F. Smith, six thousand three hundred and seventy-two, 6,373 
Charles Pray, four thousand nine hundred and twelve, 4,912 

John W. Ryan, four thousand seven hundred and fifty-seven, 4,757 
Miles N. Ch.rpenter, four thousand eight hundred and fourteen, 4,814 
Thomas H. Brittain, four thousand eight hundred and forty-nine, 4,849 
Abraham HelfFeustein, four thousand seven hundred and seven- 
ty-one, 4,771 
John W. Nesbitt, four thousand seven hundred and seventy, 4,770 
Thomas J. Heston. four thousand seven hundred and seventy- 
nine, 4,779 
Benjamin Crispm, four thousand eight hundred and forty-nine, 4,849 
II. Corbitt, one, I 
Witness our hands and seals at the State House, m the city of Phil- 
a«lelphia, this twelfth day of October, A. D. 1838. 

W. G. CONROW, [L. S.] 

BELA BADGER, [L. S.] 

JOSEPH SHERMER, [L. S.] 

CHARES W, SMITH, [L. S,] 
WILLIAM WISTER, [L. S.l 

WM. OVERINGTON, [L. S.] 

I then proceeded with the reading of the remaining returns ,* three 
of which, to wit, those of Messrs. Stevens and Kettlewell, from the 
county of Adams ; of Messrs. Cunningham and Morrison, from the 
county of Huntingdon, and of Mr Snowden, from the county of Ve- 
nango, were copies of the original returns in their offices certified by 
5he Prothonotaries, and al! the others were original returns. 

After all the returns had been read, Mr. Stevens rose and stated in 
substance, that he was about to make a motion, which he expected 
would be acted upon by those only who believed that the proper mode 
of organizing the House, was that pointed out by the gentleman from 
Philadelphia, (Mr. Smith.) That he would say a few words in expla^ 
nation of the course intended to be pursued by himself and those who 
acted with him. Their opinion was, "that the members present must 
take the evidence obtained from the Secretary's office, as the only evi- 



denee of the election of members from the county of Philadelphia, ifi' 
jn the first instance, and if there were other members claiming seats, no 
decision could then be made in relalion to this matter; that there was 
<i legal and constitutional mode of settling the question. He added,, 
that he proposed, before setting downjlo move " that we proceed to 
the organization of the House by the election, of a Speaker," and said 
he expected th,at when tellers were appointed for that purpose, they 
would call only the names of those members which had been returned 
by the Secretary of the Commonwealth. When this was done, those 
gentlemen, if there were any, who did not think these returns were 
the proper returns, might decline voting. If, in consequence of this, 
it should happen that tv/o Speakers were elected, he trusted that cour- 
tesy would find roo«5 for both gentlemen on the plaform. He then 
moved to proceed to the election of Speaker, and that Messrs. Watts 
jind Zeilin be appointed tellers, and without sitting down, put the ques- 
tion himself, ^' Are you agreed to the motion?.'''' There was a 
response of ayes and noes, but not, as it seems to me a general vo- 
ting. Mr. Stevens, still keeping the floor, declared the motion to 
have carried, and urged Mr. Watts and Mr. Zeilin to go up and proceed 
with the eletion at once. Belorc Mr. Stevens took his seat, Mr.. 
Hopkms rose, all the members being present, and moved that Charles 
Pray, Abraham Helftenstein, Thomas H, Brittain, Jolm W. Ryan^ 
Benjamm Crispm, Miles N. Carpenter, John W. Nesbitt, and Thomas 
J. Heston, are duly returned as members of the House of Repre- 
sentatives, from tha county Philadelphia, and are entitled to their 
seats. I stated the motion, and on the question, "will the members 
present agree to the motion?" it was determined in the affirma- 
tive, without a dissenting voice. I then called over the names of aU 
the members returned, fifty-six only answered, although the other 
forty-four were present. A motion was then made that the members 
present proceed to the choice of a speaker, which was agreed to, and 
ordered that the Clerks officiate as tellers. After the votes had been 
taken, it appeared that William Hopkins had received for Speaker, 55- 
votes, and Thomas. B. McElwee had received one vote. Whereupon, 
i announced that William Hopkins was duly elected Speaker of the 
House of Representatives, of Pennsylvania. Mr. Hopkins took the 
Chair, to whom the requisite oaths were administered by Mr. Smithy 
of Franklin, in conformity to the act of 19th March, 1804. Mr. 
Hopkins then administered the usual qualifications to the fifty-fivo 
members who had answered to their names, in conformity to the 8th < 
article of the constitution of this commonwealth, all of whom sub- 
scribed the same in the te&t book, provided and heretofore used for 
that purpose, according to the provisions of the third section of the 
act of Congress, approved 1 st June, 1789. During these proceed- 
ings, the tellers whom Mr. Stevens had declared appointed, were call- 
ing over a list of members, and this, with the answers of the gentle- 
men, as their names were called, and the subsequent proceedings un- 
<Jer the motion of Mr. Stevens, disturbed, in some degree, the regular 
proceedings I have detailed. Having been occupied]|in the discharge 



roi 

of my duties, connected with the organization of the House, it is im- 
pessible for me to state, with minuteness, the proceedings which took 
place in pursuance of the motion of Mr. Stevens. 

Oa Wednesday, the 5th of Dececnber, instant, I<was elected Olerk 
of the Flo^se of Representatives, by the house then in session, Mr. 
Hopkins in the Chair ; the Speaker and fifty-five members being pres- 
ent and votmg ; since which time I have-been in possession of all the 
books, documents and archives which are legally in the custody of 
the clerk of the house. I'he speaker*s chair has, during the same pe- 
riod, been filled by Mr. Hopkins only, and the hall appropriated by 
law, to the use of the House of Representatives has been occupied 
exclusively by the house over which he presides, and its officers duly 
elected, according to the 16th section of the first article of the consti- 
tution of this commonwealth. From the period of the election of Mr. 
Speaker Hopkins up to the present time, the proceedings of the house 
appear upon the journal of its daily sessions, a quorum for the tran- 
saction of business having been present from day to day. 

FRANCIS R. SHUNK. 

Sworn and subscribed. May 17th, 1839, before rae, 
James R. Snowden, Chairman, 

Witness discharged. 

On motion of Mr. Flenniken, 

It was moved and seconded that when this committee adjourns it 
adjourns to meet to-morrow at half-past 2 o'clock, P. M. 

Agreed to. 

Committee then adjourned to meet at the above time. 



Saturday, May 18th, 1839. 

Committee met pursuant to adjournment, 

, And for want of a quorum, gidjourned until Monday, May 20, at 
three o'clock, P. M. 

Subpoena issued to Jacob Welker, 

-Returnable the 20th inst. 



Monday, May 20th, 1839. 

Committee met pursuant to adjournment. 

Present Messrs. Snowden, Zeilen and Flenniken. 



102 

Jacob Welker, sworn, 

I reside in Millersburg, Dauphin county, at the head of the WicoB- 
isco feeder, and am acquainted with all the contractors above Halifa3E 
and some below Halifax, who told me that they intended coming to 
Harrisburg on the 4th of December, and that they were determined 
to have the Philadelphia county whig members take their seats come 
what might; that they had Stevens on their side, and matters could 
be so arranged that there would be no difficulty about them obtaining 
their seats, this they told me frequently before the meeting of the 
legislature, they also told me that Governor Porter would not be 
sworn in, and that Governor Ritner would be continued three years 
longer; I was in Harrisburg on the 4th of December and saw these 
men in the streets, had a conversation with them, and they repeated 
what they said before; I was in the House of Representatives the 
same day, saw these men there, I at first saw a few of them, looked 
around and saw more standing near where Mr. Stevens sat, there was 
more than fifty of them; I was afraid Mr. Hegins, of Northumber- 
land, would be hurt, pointed out these men to him, and told him to 
be on his guard, that these were the stoutest men in our section of the 
country, and that they were from Halifax, I think some of them had 
arms; these are the strongest bullying men in our county; among those 
who told me they intended to come here on the 4th of December 
were the two McCoys, one of them James, the two O'Neill's, the 
three Martins and a large man who knocked the window in at Hali- 
fax on the day of election; the O'Neills were contractors; James Mc- 
Coy and some of the Martin's used this language, two of the Mar- 
tin's were here at the organization of the House, also Mr. John P. 
Leebrick, another contractor; I am engaged in driving stage between 
this and Millersburg; am a contractor on that route; on the 4th of De- 
cember I employed a man to drive the stage for me during this time; 
I run the stage daily; my object was to make money; I have frequent 
conversations with my passengers; I do not recollect whether I had a 
conversation with men on the subject of the organization of the 
House or net; I pointed out to Mr. Hegins John P. Rutherford, John 
P. Leebrich and others; I saw Mr. Stevens conversing with these 
men, but did not hear what he said to them; after I spoke to Mr. He- 
gins I went to the other side of the house, I saw no arms with these 
men, or clubs; the only reason I supposed these men were armed 
was because they told me they were coming down to put the eight 
whig members from Philadelphia in their seats, and that Governor 
Porter should not be sworn in; I had no conversation with either Mr. 
Hegins or any othet person with regard to the testimony I should 
give before this committee. 

JACOB WELKER. 

Sworn and subscribed, May 20th, A. D. 1839, before me 
James R. Snowden, Chairman. 

Witness discharged. 

On motion of Mr. Zeilen, 

Committee adjourned to meet on Wednesday at 3 o'clock, p. m^ 



103 

Wednesday, May 22, 1839, 3 b'elock, P. M. 

Committee met pursuant to adjournment. 

Present, Messrs. Snowden, Roberts, Zeilen, Cunningham, and Flen- 
iiken. 

There being no witnesses in attendence, 

On motion of Mr. Flenniken, 

Committee adjourned to meet to-morrow at 3 o'clock, P. M. 



General Adam Diller, Sworn, 

I was in Philadelphia eight or ten days before the meeting of the 
legislature ; I saw a number of the leading politicians belonging to 
the Ritner or anti-masonic party there ; Thaddeus Stevens of Adams 
county, Mr. S. S. Wharton, of Huntingdon county, and a great many 
others, names not recollected. In conversation with Mr. Wharton, 
of Huntingdon county, held at Mrs. Yohe's, at the North American 
hotel ; he said the Ritner party would have a majority m joint ballot 
of both houses of the legislature, that those eight whig candidates or 
members from the county of Philadelphia w^ould be the sitting mem- 
bers, and that their party would have the board of canal commission- 
ers ; I told him I thought not. We had a conversation about the 
United States Senator; he said they would elect him. I think we 
both agreed that there would be trouble at Harrisburg at the meeting 
of the legislature. In consequence of an alarming report caused by 
newspaper publications, one of them over the name of Thomas H. 
Burrowes, stating that their party should treat the late election as if 
they had not been defeated, and another editorial article in the Har- 
risburg Chronicle, a Ritner paper, telling the people to repair to Har- 
risburg Of calling upon the friends of Ritner to repair to Harrisburg 
upon the day of the meeting of the Legislature, to put those eight 
members from the county of Philadelphia in their seats if they were 
refused, peaceably if they could, if not forcibly, if necessary, or 
words to that effect. This embraced the conversation I had at Phila- 
•delphia. I frequently heard some whigs aud anti-masons at Lancas- 
ter say they v/ould elect their canal commissioners and United States 
Senator ; among others I was told this by the Deputy Attorney Gen- 
eral of Lancaster county, William F. Boone, Esq. In consequence 
of these alarming publications and declarations, there was a great 
deal of feeling among the people ; t heard a nurnber of both parties 
say they would repair to Harrisburg several days before the meeting* 
of the legislature. I heard a good deal of anxious conversation when 
I arrived here as to what would be done on the 4th of December. It 
was said that the friends of the Ritner members of the legislature 
had meetings frequently, that their object was to organize the House 
by placing the eight federal members from the county of Philadel- - 



104 

phia in their seats, as the sitting members, and that on the meeting 
of the 4th of December their would be a large number of contractors 
and hands of the canal here, on the evening before the meeting of 
the legislature ; a number of men were pointed out to me, Capt. Jno. 
p. Rutherford as one, and other contractors with a number of ruff 
looking men about them. There was also a number of our partizans 
came in that evening, and for fear of confusion the next day at the 
House, at my instance a meeting of our friends was called at Mrs. 
Buehler's large room ; at that meeting I stated to them th-at when they 
repaired to the House to-morrow, that as the House would no doubt 
be very much crowded, difticulties were anticipated, and that it was 
reported that many men of both parties had weapons, (though I did 
not see them) if they were I hoped they would not go to the House 
with them, that in such a crowd as that unpleasant things might oc- 
cur that would afterwards be regretted; that they should go to the 
House, show their faces and stand firm, until they or I should be 
o^alled upon either by the speaker, clerk or sergeant-at-arms to pre- 
serve order. At an early hour the House was crowded by people of 
both parties ; those Ritner conti?actors were principally in the west 
end of the hall of the House of Bepresentatives. It appeared to me 
that at the head of these men %ere Capt. Rutherford and James 
Caldwell, and a number oFmen who it was said were their friends. 
I was standing in the lobby of the house, and spoke to the people 
behind me in the gallery, to keep quiet, I think there was more confu- 
sion among the members, than there was in the gallery. This was in 
consequence of two speakers being proposed, and two setts calling 
mamas of members at the same time, and two speakers nominally 
elected. There appeared to be a shock among the people in the gal- 
lery at the time, this was in consequence of the indignant feelings of 
the people, at the proposition of Mr. Stevens, to elect two speakers. 
I do not remember of having head any one of the people in the gal- 
lery or lobbies, voting for speaker, or taking part with any of the 
proceedings in the hall. After this had occurred, the Cunningham 
house adjourned first, until 2 o'clock the next day, and left the Hop- 
kins house in possession of the hall, who continued in session some 
time, when they adjourned; towards evening I went into the senate; 
the senate chamber was very much crowded ; It was difficult to get in 
at all — I saw that Charles Brown, of Philadelphia county, and Gen. 
Rogers, of Bucks county, made frequent attemps to speak, when Mr. 
Penrose, who was in the chair, knocked with his mallet at every at- 
tempt to speak, and said they were out of order ; at last several in the 
fifallery called out hear him, heai him, meaning Gen. Rogers, who 
was speaking upon the subject of the Philadelphia county members 
taking their seats — at length Gen. Rogers was suffered to speak — 
after he was done, several of them said hear Mr. Brown. A motion 
was then made that Mr. Brown be permitted to speak — Mr. Brown 
was heard, and then spoke. I had turned my back towards the spea- 
ker for a short time, and when I turned round, Mr. Penrose was out 
of the chair, and Gen Rogers was in the chair. Some persons mea^ 



105 

tioned to me, who it was I cant recollect, that Penrose, BurroweSj, 
Stevens and Fenn, had left the senate chamber, through the back 
window. I do not remember of seeing Burrowes, Fenn or Stevens in 
the senate that day ; I was surprised, and asked why Ihey had left 
through the window, this inquiry was made, because I wondered why 
•they had lett it in that way. Tlie senate then adjourned, and the sen- 
ators were walkiag about the chamber ; the people were quiet in the 
galleries ; John J. M'Cahen said, that the senate had now adjourned, 
that he thought the people had now a right to make speeches. I 
said, I thought the people had better adjourn out side of the senate; 
M'Cahen spoke very little, when I made a motion to adjourn out side 
of the senate, the people immediately went out; I mentioned to a 
number of my friends that we would have a meeting of the people at 
the court house, upon the subject of the great disturbance ; when I 
had them out of the senate, I stated, that there would be a meeting of 
the people that evening at the court house, at 8 o'clock, and they im- 
iwediately dispersed ; the bell rang at the appointed time, a large num- 
ber assembled; I staid back until the meeting was organized; when 
I came in, the meeting was organized, and Gen. Thomas C. Miller, 
now senator from Adams, was in the chair. Mr. Penniman and Col. 
John J. M'Cahen were making speeches, which I thought were rather 
inflamatory, and I took the liberty of stopping them, stating, that this 
was a dangerous crisis, and that prudence and conciliation would have 
to be our guide. After several addresses had been made to the meeting, 
I made a short statement to the meeting, and proposed that a com- 
mittee of safety and general superintendance be appointed, to consist 
of fifteen persons, which was unanimously carried, after this, some 
person made a motion, that as many more should be added as the 
committee might think proper, after which the meeting adjourned. The 
proceedings were afterwards published ; I was chairman of that com- 
Hiittee. The object of that committe was, for the people to have a 
head, to give and receive correct information to the ppople of Pennsyl- 
vania, to preserve the peace and protect the laws and institutions of 
the country, as none of the parties conceded to the different legisla- 
tures as they were organized, being fearful, that were so many peo- 
ple assembled without a head, that things might occur, which would 
be afterwards regretted. The whole object of the committee of safety 
was, to conciliate and prevent violence. 

We appointed strong committees of men who were not members of 
our commiltee and scattered them through the town, for the purpose 
ot preserving peace and order. There was a great many reports in 
circulation, one of them was that the opposition would probably set 
fire to the Secretary's office and put the blame upon us ; therefore, we 
appointed these sub-committees to prevent any violence or disturbance. 
They v/ere particularly instructed to keep down any thing like violent 
talk or violent transactions should anv occur. 



106 

May 23, 1839, 

Committee met. 

Present, Messrs. Snowden, Roberts, Zeiiin, andFlenniken. 

Examination of Gen. Dilkr continued. 

On the morning of the 5th of December last, the people were assem- 
bling at the arsenal ; I enquired of them what for; they told me that 
the Ritner men had put men in the arsenal with muskets in their 
tiands. 1 saw these men in the arsenal at the windows ; I went to the 
legislative hall, after I arrived there several of the members told me 
that I had better go to the arsenal; I think Mr. Hopkins was one of 
them ; that as there was so many people assembling at the arsenal, 
something unpleasant might occur and we should prev&nt it ; I took 
Capt. John C. M'Allister with me and we went over ; I heard a good 
deal of indignation expressed at the circumstance of these men being 
in the arsenal with arms ; Dr. E. W. Veazey,iate clerk in Secretary 
Burrowes' office, came to me ; we conversed about this matter and 
said something must be done; he proposed to select fifty men of their 
partizans, and I should do the same of our partizans ; the crowd was 
still getting greater; I agreed to the proposition, selected my men and 
marched them away from the arsenal ; I was anxious to get the whole 
crowd away, fearing that where there so many warm partizans togeth- 
er, unpleasant things might occur ; Dr. Veazey returned to me, and 
said he could not obtain fifty of their men to turn out ; I told him to 
take a less number, and I think we agreed to take seven men on each 
side ; Our object in raising these men was for the purpose of organi- 
zing them to get those men out of the arsenal, as some of them express- 
ed a fear to come out ; I told them there was no necessity to be in 
fear, that their presence in the arsenal caused a great excitement 
among the people outside. About this time the committee of safety 
were to meet ; it was about eleven o'clock A. M. ; I went to the room 
were the committee met ; Mr. George Ford of Lancaster, and Joseph 
Henderson came in and said they represented the Ritner party ; I think 
Mr, Henderson was an ofReer of the late administration ; the commit- 
tee agreed with these two men to appoint a committae to get those men 
safely out of the arsenal; I appointed a sub-committee for that pur- 
pose they went off and succeeded in getting those men out of the arse- 
nal ; the committee reported that there were twenty seven men came 
out of the arsenal, and that they left the arms in the arsenal:; the men 
who came out of the arsenal went down to Gleim's Hotel, the antima- 
sonic house ; a great portion of the people assembled around Mr. 
Gleim's house in that part of the street : Mr. Coryell of Bucks, Mr. 
Kidder of Luzerne, and myself went down, spoke to the crowd and 
told them that as many did not know what thev had assembled for, 
that the arsenal was now evacuated, and that the men who were in the 
arsenal had left it ; that we hoped they would retire peaceably to their 
quarters and suffer no rioting if they could avoid it ; that they might 
stay in Harrisburg, and the people quietly dispersed ; there was nq 



107 

violence at Gleim's. In the evening several men came to me and 
me the Governor had issued a proclamation to the militia of the com- 
monwealth. 

The next morning governor Ritner's proclamation in handbill form 
was brought into the committee room, by some person name not 
recollected ; very soon after we heard that the governor had issued a 
requisition to major general Patterson, of the first division PennsyU 
vania militia, for the troops under his command ; we had heard of 
their coming before they arrived ; the troops from this division came 
here on Sabbath, I saw them ; I understood Mr. Hall of Philadelphia, 
and Mr. Grimshaw of Harrisburg, were disputing about politics at the 
arsenal ,* during all the time I was here, before the 4th and after the 
5th of December, I saw nothing of any disturbance, riot, infuriated or 
lawless mob ; there were a number of persons who offered their services, 
after the committee of safety had sent their first statement or address 
out to the people ; when these services were offered, the subject of 
issuing orders for troops in the adjoinmg counties to come here was 
discussed in the committee ; they decided, as a committee, they would 
not issue orders for persons to come here, but that as individuals they 
might address their respective friends upon the subject, and lay the 
facts before them ; I, as an individual, not as chairman of the commit- 
tee, wrote to Capt. John Thompson of York county, that the volunteers 
were marching to Harrisburg, and as he had previously offered his 
services, that he had better come with his company and quarter them 
on the opposite side of the river ; according to promise, I wrote to 
Gen. Foulk of Carlisle, who had gone home, that the volunteers under 
Gen. Patterson, from Philadelphia, were marching into Harrisburg, 
and I think I told him to be the best judge whether to bring his volun- 
teers here or not ; I think I wrote to Major Hambright of Lancaster, 
and told him that he had no doubt seen the other troops pass, and if 
he thought proper to come on, his men could no doubt be quartered ; 
v/e had offers from ten or fifteen different parts of the state from the 
people, offering their services, which offers I think were afterwards 
published ; we had also an offer of three thousand minute men from 
Berks county ; these offers came through the proceedings of meetings 
published in the newspapers by the people ; there was a company 
came from Cumberland coianty, by whose order I know not ; Captain 
Thompson told me he offered himself and company to the governor to 
preserve peace and quiet in Harrisburg. 

Question by Mr. Zeilin — Did you not make application to the 
governor for the appointment of canal commissioner ? 

A nswer. I received no appointment from governor Porter, made 
no application myself; I was recommended to the governor for canal 
commissioner, but withdrew the application long before the appoint- 
ments were made. 

Question by Mr. Zeilin — Are you not or did not your friends make 
application to the governor for the appointment of adjutant general ? 



Answer. There is at present a recommendation for me before the 
.'governor for the appointment of adjutant general. 

In answer to interrogatories put by Mr. Zeilin, witness says : 

Hon. John Fox, of Bucks county, was admitted an honorary 
member of the committee of safety, and was there but once, towards 
its close; a number of those names attached to the addresses of the 
committee of safety, were not members ol that committee and did not 
belong to it. 

There was no new constitution proposed in the committee of safety^ 

ADAM DILLER. 

Sworn and subscribed. May 23, A. D. 1839, before me, 

James R. Snowden, Chairman. 

Witness discharged. 

On motion of Mr. Flenniken, 

Committee adjourned to meet on Saturday, May 25, 1839, at 3 
E M. 



Saturday, May 25, 1839. 

Committee met pursuant to adjournment. 

Present : Snowden, Roberts and Flenniken. 

There being no witnesses in attendance. 

On motion of Mr. Flenniken, 

Committee adjourned to meet on Monday, May 27th, 1839, at g 
'clock P. M. 



Monday, May 27, 1839, 3 o'clock P. xM. 

Committee met pursuant to adjournment. 

Present: Snowden, Roberts, Flenniken and Cunningham. 

There being no witnesses in attendance, 

On motion of Mr. Cunningham, 
iCommiltee adjourned to meet to-morrow, at 8 o'clock A. M 



109" 

Tuesday May 28th, 1839. 
8 o'clock, A. M. 

Committee met pursuant to adjournment. 
Present ; Cunningham, Roberts and Flenniken. 

On motion of Mr. Cunningham, 
Committee adjourned to meet at htilfpast 2 o^clock, P. M. 



SAME DAY. 

2i o'clock, P. M.. 

Pursuant to adjournment committee met.. 

' Present : Snowden, Cunningham and Roberts, 

Sergeant-at-arms reports as being in attendance, Jacob F. Hosckley;, , 
Peter Albright, Bela Badger, John C. Garrish, William Lott, JoHe 
Conrad and Rudolph R. Harley. 



Jacob F. H.cecKLEY, called and sworn. 

I reside in the 4th ward, Northern Liberties, m the county of Phil- 
adelphia ; was not a return judge at the last election — was for some 
years previous. I was merely in the house showing the return clerk 
how to make out the returns. In the 7th ward, Northern Liberties, 
one of the clerks told me that they had lost the assessors and inspec- 
tors tally lista- I told him that it was a matter of no consequence, that 
one was sufficient. I then assorted and he made up one o^the lists, 
and requested him to direct them to the Prothonotary as required by 
the act of Assembly, which was done. The return clerk, Mr. Trot- 
ter, requested me to come and show him how to make out the returns; 
I directed him the manner of making up the returns. I went in the 
House in the morning previous to the opening of the election ; my 
business ther^e was to show the return clerk how to prepare the oalhs 
and papers. The practice in the Northern Liberties was to let the 
inspectors choose their own clerks^ There are seven wards in the 
Northern Liberties;, in five wards we had the whig inspectors, in the 
other two wards there were four democratic inspectors ; all the judges 
were whigs. At the time I directed them to make up the returns and 
send them to the Prothonotary, I heard no objection made; I re- 
ceived no compensation for my services* One of the clerks applied 
to me for the result of the election; I told him I did not know the 
result of the votes as polled ; there was anxiety to know the result of 
the polls, enquiries were made, but they were not informed of the state 
of the polls while I was there. I remained there about an hour or 



HO 

two during ihe day ; Mr. Bola Badger was the return judge of that 
district ; a person came to me and asked for the returns, 1 told him 
I had them not, and referred him to Bela Badger. He came back to 
me and said Mr. Badger had sent him to rnc lor them ; 1 told him Mr. 
Badger was the; return judge, that I had them not. I am a whig in 
polities, and a justice oI'tlHi peace. 1 have no knowledge of any frauds 
being committed by either of the parties in the Northern Liberties. 

.lACOB F. liCECKLEY. 
Sworn and subscribed, May 25th, A. 1). 1839, before me, 
James R. Snowden, Chairman. 
Witness discharged. 

On motion of Mr. Robeits, 
Committee adjourned to meet at the call of the chairman. 



Thursday, May 30, 1839, 3 o'clock, P. M. 
Committee met pursuant to the call of the chairman. 
Present, Snowden, Ficnniken, R'oberts, Zeilin and Cumiingham. 



Fktkr xVLRRiaiiT, sworn. 

I was elected inspector of the 1st ward Nofthern Liberties in 1837 
at the 0(;tober election, and acted as such at the October election in 
1838. The election was conducted fairly with the exception of the 
7th ward, there was cheating there, } saw it and stopped it, knowing 
the old game ; I saw Mr. .Tohn Painter, the assessor of the ward, 
place his finger on his nose and point down to a person, the old plan 
of giving dead votes when 1 belonged to the democratic party; I 
touched Mr. .John C. Gerrish on the arm and told him to stop this, 
that was not the man he represented himself to be. Jacob R. Kline, 

one of the clerks of the election, jumps np and said, g d d m 

you, go to your own ward, and said 1 had no business there ; I told 
him I had when cheating was going on ; he was about saying some- 
thing, when the real person came up to vote and John Painter passed 
his man olf the steps that he had there for the purpose of voting ; 
after that I observed that the voting was not quite so brisk among 
them as it was licfore, that there was a kind of a check upon those out- 
side, this was all the cheating I saw or know of in the Northern Lib- 
erties. The morning after the election, the tally list of the 7th ward 
Northern liiberties was said to be lost; there was something said 
about it to Mr. Iloeckley, who replied that as they had a copy of it, 
"t was of no importance; just before this last paper was complained 
of, 1 saw Mr. Jacob R. Kline put a paper in Iiis pocket, about th 



Ill 

appearance'of the tally paper, it was folded four double, but wlietlier 
it was the tally paper wliicli was lost or not I do not know ; 1 know 
nothing further about the loss of the paper ; J have a clear and dis- 
tinct recollection of Joseph W. Blight, I have not spoken to him 
since 1835, had a quarrel with him at that time, he was for Muhlen- 
berg and I was for Wolf, he is a man 1 would not be seen speaking 
to, he wont pay his debts, gets his goods on credit and takes the bene- 
fit, I do not consider him a tit associate, he was discharged as an in- 
solvent, which the records will show, 1 never gave him an account of 
the whig majority of the 1st ward Northern Liberties of the election 
of 1838, I left the democratic party in 1835, 1 never had any such 
conversation with him on the subject, I do not consider him a fit man 
to be trusted for any thing ,let alone tell a secret to him, a week or lea 
days before the election ; I heard from several sources that threats 
had been made, and at last came across the man himself, Mr. Richard. 
L. Loyd a custom house ollicer, he addressed me and said that the 
democratic party intended erecting a Lynch poll in front of the Frank- 
lin or Constitutional house, both taverns, and the first judge, inspec- 
tor, clerk or ofllcer engaged in the election, that was seen cheating,, 
would be taken out without regard to law, on the spot, tarred and 
feathered, rope put round his neck and hung up, this was no jest, 
there did not appear to be mucli jesting those times ; I asked him 
what he meant by it, whether he intended to frighten any person by 
it; he said go on you will see ; I told him 1 intended pursuing a 
straight course and believed every gentleman*in the house would do 
the same. 1 was in at Amos Holahan's tavern late in the afternoon 
in the latter end of September or the beginning of October, 1 was ask- 
ed by John Lewis if I wanted to make a couple of thousand dollars, 
I do not recollect the reply I made, however, we walked up Chesnut 
street to Gibbs' oyster cellar, I then asked him in what way this mo- 
ney was to be made, he said will you go to sec Charles J. Ingersoll, 
1 told him 1 would sooner have my right hand cut off than have any 
association with C. J. Ingersoll, he then asked me if I would go in 
for the election of Mr. Ingersoll, I told him no, 1 had pledged myself 
for Mr. Naylor, and could not do it. 

After some conversation between us, the matter ended. 1 never 
had any conversation wiih Joseph^ W. Blight on the subject of elec- 
lions; never told him that I had caused to be polled 124 votes to 
make ISota majority, nor any other person — I know a man by the 
name of Rownoy .• 1 do not recollect of such a man voting in the first 
ward Northern [liberties, on the day of eloction ; his first name I do 
not knovv ; his lather resides in Second street, but I do not know where 
this man resides. I reside in Callowhill street, 1st ward Northern 
Liberties ; 1 have been judge of theeleclion, "as constable since 1830;" 
i was at the house on the day of the election until evening; there 
were in the neighborhood of 700 votes given in the 1st ward Northern 
Libcrlies, was rising of GOO votes given in the election of 1837. The 
votes are given in through the window and afterwards put in the 
bollet boxes. I have frequently seen Mr. Charles Naylor before the 



112 

election, had determined to support him before the election, I'eceivetf 
no pay for supporting that ticket, I did not say that I would not state 
all the facts I knew, before the committee ; I had no conversation with 
any person as to what I should testify to, before this committee. I 
told immediately after the election the result of the poll in the 1st 
ward and one orjtwo of the other w'ards, to a number of persons. I do 
not know whai the result of the 7th ward was ; I did know, but do not 
now know the exact vote of the 1st ward ; but gave them the average 
majority of the whig ticket, but never told persons different as to the 
result; I came to Harrisburg in the latter end of the week of the elec- 
tion ; Mr. Galloway came with me ; I had some private business with 
the Governor; it was not in relation to the election nor connected with 
politics; it was my own private business ; as to what was the nature 
of that business, t decline answering the question. I again say dis- 
tinctly that my business with the Governor v/as not of a political 
eharacter, or connected with the Government. I had a conversa- 
tion with the Governor ; he asked me if I had any additional informa- 
tion except what the newspapers contained ; I told him there was 
none; this was before the meeting of the return judges. I was in 
Harrisburg on Friday, and went home on Saturday ; 1 came here and 
thought I could see Thaddeus Stevens, and learn from him how mat- 
ters and things were going on ; I asked Mr. Stevens for information 
from the different counties ; I told him I thought the thing was up — that 
the Governor was defeated. He said he thought so too — that some 
counties had given larger majorities the other way, than what he cal- 
culated upon. When I was here I knew nothing of the difficulties at 
Philadelphia ; when I was going down I met Mr. Cake, of Philadel- 
phia, at Parkesburg. I went out. Mr. Galloway was there ; he told 
me that Mr. IngersoU was elected. I replied it was all a mistake, it 
could not be,' he said that some of the return papers in the Northern 
Liberties were lost. I told him that made no difference, that one pa- 
per was sufficient. This was the first information 1 had of the diffi- 
culty with the return judges. 

Question by Mr. Snowden, Chairman — Did you tell Lewis Shin- 
nick or any person else that you had moved a number of persons or 
caused them to be located in the first ward, Northern Liberties, for 
the purpose of voting at the last election? 

Answer. I never said so to any person. I made a bet of a hat 
after the election, none before it, nor none that I was interested in ; I 
expected no money or valuable thing by the result of the election in 
either way. John Lewis is an active politician, is considered one of 
the leaders, is a man who spends his time and money for the success 
of the other ticket. I have seen Mr. Ingersoll and Mr. Lewis walk 
arm-in-arm. I am a democrat, and voted the democratic whig ticket 
headed by governor Ritner ; scratched one or two of those on the 
ticket. There was no one present when Mr. Lewis and I had the 
conversation above referred to. I suppose he was m earnest— he 
wanted me to go to Mr. Ingersoll's office several times ; I would not 
do it. When Lwas in the democratic county delegation Mr. Ingersoll 



113 

Wanted me to go for his nomination ; I would not do it. I resigned 
my office as justice of the peace either in the middle or latter end of 
September, for the purpose of acting as an officer of the election. I 
am at present constable and visiter to the poor of the districts of the 
IN orthern Liberties, elected by the guardians of the city, including 
Kensington, Northern Liberties, Spring Garden and Southwark, at a 
salary of $500 00 per annum. Isaw Mr. Burrowes in Harrisburg; 
met him and Mr. Stevens in the street ; spoke to Mr. Stevens. Mr. 
Burrowes did not ask me about the election in the county of Philadel- 
phia. I saw the registry made out ; I no not know that any tax re- 
ceipts were manufactured at the last election. There was blanks 
filled up for naturalization by the clerk, I assisted to fill some of them 
up ; these were papers made out for persons who wished to be natu- 
realizd ; I know of no seal being attached to naturalization papers 
without the order of the court. I do not know that Mr. Ingersoll went 
to the commissioner's office for a list of the names of those assessed 
who had not paid taxes. I think that Mr. Thomas M. Rush came in 
the county commissioner's office while I was there, and made appli- 
cation for the names of those persons in the list; not certain, my 
recollection is not distinct on this subject. Thomas M.Rosh belongs 
to what is called the democratic party. 

PETER ALLBRIGHT, 

Sworn and subscribed May 30th, A. D. 1839, before mOj 
James R. Snowden, Chairman. 
Witness discharged. 



John C. Gerrisii, affirmed : 

1 was affirmed a judge of the election of the 7th ward. Northern 
■Jjiberties; on the morning after the election, I heard something said 
about a lost paper; Jacob F. Hoeckley, standing near the table; 
asked one of the clerks if there was a duplicate ; he said there was ; 
he said it did not make any difference about it if there was a dupli- 
cate; the clerks made out the vote ; 1 then requested the inspectors 
to examine the return lists and if correct to sign them ; they did so 
and the papers were properly put in the different boxes ; the boxes 
were sealed up and the inspectors took possession of them; I took no 
tally list, window paper, or any paper belonging to this ward; I did 
not take any paper and place it under my coat or under my arm ; I 
had no coat on at that time; I was not charged by Jacob, R. Kline 
with taking it, nor charged personally by any person that morning ; 
I do not recollect of saying that the lost paper wag in one of the boxes 
—at the time Mr. Hoeckley said that one paper, was sufficient there 
was nothing further said about it ; one of the boxes was broken open 
and search made for the paper and afterwards sealed up; I heard noth- 
ing more said about it until Friday when it was reported that one of 



114 

the tally papers was lost ; the hoxes were given to the inspectors who 
took charge of them : Jacob R. Kline and Mr. Seiner were the clerks ; 
no person charged me personally with taking the paper; several per- 
sons came to me and said they heard I had destroyed the tally lists ; 
the tallv lists agreed with the number of votes given ; the votes were 
all regularly given; Jacob R. Kline who officiated as clerk was a can- 
didate and elected inspector for the election in 1839 ; 1 do not know 
what became of the tally papery whether it was found or not; I did 
not take it or destroy it; nor see no person take it or destroy it. 

JOHN C. GERRISH. 

Affirmed and subscribed, May 3d, 1839, before me, 

JAMES R. SNGWDEN, Chairman-,, 

Witness discharged. 



William L. Lott, called and sworn. 

I was assessor of the 6th ward, Northern Liberties. Icommenced 
making the registry of that ward in July last, and finished it in Sep- 
tember. I did not register any names except those I found in the 
ward, or those who came to my house ; there was no slip or paper 
given me containing names whieh were registered to my kiiowledgs. 
The book in which I registered the names was always in my posses- 
sion from the time I received it, from the 5th of July to 5th Septem- 
ber, until I gave it to the sheriff. There was men came there request- 
ing me to put their names down ; there was no names put down by 
any person but myself. I received no names from Benjamin E. 
Carpenter, or any other person to add to this list. I might have been 
told of names that I could not find. I met Benjamin E. Carpenter 
and Thomas Weaver, who enquired whether names of persons we?e 
down in the registry book ; it is customary for persons to make this, 
inquiry. Sometimes the men themselves and others would come to 
me and enquire if their names were down, these men had their names 
on paper, and requested me to see whether such names were down os 
not — I know of no names on that list that were put there improperly .. 

WILLIAM L. LOTT. 

Sworn and subscribed, May 30th, A, D. 1839> before me^ 
James R. Snowden, Chairman, 
Witness discharged. 



Hi 

Fhilip Banks, sworn. 

I was senc to East Moyamensing by the sheriff, on the moriiitig 
of the election, nothing of the kind was done in Moyamensing as a 
man voting a part of a ticket, and that I put a ticket in the Assembly 
box. I saw nothing of the circumstances as sworn by Mr. George 
^L Whartnaby ; the facts testified too by Mr. George M. Wiiartnab^ 
are uriquahfiablv not true. I was deputy sheriff and was sent there 
by Mr. John L. Waolf, who was the head Deputy the y«ar before, 
and was sent to other districts at other times. I never said, as testi- 
fied by GeDrge M. Whartnaby, that I will show them how to fix these 
fellows; the sheriff had appointed men there. I handed them the 
deputations; there were between about forty or fifty; the arrangements 
had been made with them by the sheriff, they were to preserve the 
peace and order. I superintended elections before the last elections, 
but never had deputations before, nor any men under me at elections. 
These men I considered more especially under my control, there was 
nothing about them by which I could distinguish them. 

PHILIP BANKS 

Sworn and subscribed. May 30th, A, D. 1839, before me, 
James R. Snowden, Chairman, 
•Witness discharged. 

On motion of Mr. Zeilin, 
Corarjfiittee adjourned to meet at 8 o"'ciGck lo-mGrrow morning. 



Priday morning, May 31, 1839. l 
8 o'clock^ A. M. I 

'Committee met pursuant to adjournment. 

Present — Cunningham and Zeilin. 

There being no quorum, committee adjourned, on motion of Mt^ 
Zeilin, until half past 2 P. M* 



SAME BAY,, 

2i o'clock, ^P. M. 

Pursuant to adjournment committee met. 

Present— Snowden, Cunningham, Zeilin, Flennikea and Roberts. 

Sergeant-at-arms reports that Daniel Leisenriiig is in attendance 
ias witness* 



116 

John Bairb, sworn. 

I reside in Keasington ; have resided in that district I^or 20 years ; 
TOted at the commissioners hall, Kensington, the 2d ward, at the last 
election ; 1 never voted in either of the wards of the Northern Lib- 
erties, at the last election, or at any other time ; I never attempted to 
vote in the Northern Liberties; no person ever cautioned me not ta 
vole in the N. L. There are two persons of my name residing in 
the Northern Liberties, but none, that 1 now of, in Kensington. I 
am acquainted in Kensington ; there might be a man of my name in 
Kensington, but none that I know of. I was at the Northern Lib- 
erties on the day of election -^ went in company with Mr. John Beatty f 
passed the commissioners hall merely ; might have stopped on the 
pavement a short time ; Mr. Beatty resided in Kensington. I voted 
in Kensington after dinner ; while near ihe commissioners hall 1 had 
no tickets ; do not electioneer ; I voted the whig ticket ; I do not know 
Joseph W. Blight. 

JOHN BAUD. 

Sworn and subscribed, May Slst,. 1839, before me, 
J. R. Snowden, Chairman, <&;c» 
Witness discharged. 



John Conrad called and s-worn : 

1 am Mayor of the Northern Liberties ; sometime previous to the 
election there was a great deal of alarm and excitement in the district^ 
with regard to violence at the election. I was spoken to by a number 
of citizens to adopt means to prevent ao'y disturbance, this request was^ 
made by respectable citizens of both parties ; from these requests and 
apprehensions of my own, I engaged about one hundred men as a 
police to preserve order ; I am enipowered by the commissioners of 
the district so to do ; I had blank warrants printed for them, and on 
the evening before the election aod morning of the election I swore 
them in, and appointed officers over them. Previous to this I had 
badges printed for them, on those badges was printed the words "The 
laws," "Northern Liberties Police.'^ On the mormag of the election 
I placed the police in a tavern, near the commissioners hall, before the 
people came to the polls they occupied one floor of the house entirely 
; and were not permitted to leave that floor with their badges on, and 
not more than five at once without their badges, unless permitted by 
the officers or by my orders, none of these men were seen on the 
ground during the day, nor do I believe the public knew that there 
was a police; dinner and supper was furnished them in their rooms. 
The officers having charge of thena were ordered not to leave them 
out, unless the constables and watchmen were not sufficient to keep 
order ; the watchmen were in a room near the commissioner's hall. 
In the evening^ previous to the etectiony I issued a proclamation whicfe 



117 

was put up at all the corners of the Northern Liberties the same eve- 
ning. [Here a copy of the proclamation was read.] 

I took no part in the election on that day, nor did I let my political 
feelings interfere with any of these arrangements. I applied to Mr. 
Charles Thompson for quarters for these men ; I don't think I of- 
fered him $100 to let these men in his house, we had very little con- 
versation ; I never told Charles Thompson that it would be as much 
as a $100 to him if he would let those men in his house. 1 procured 
these men in consequence of rumors in the district, and inflamma- 
tory speeches which I heard made by Charles J. IngersoU and 
Charles Brown, and others, and the echo of sentiments which were 
made by persons who I feared did not understand them ; I heard 
John Apple, a constable, and I think Richard L. Loyd, a custom 
house officer say that if the judges or officers of the election would 
cheat, or if they caught them cheating, they would pull or help to 
pull them from their seats ; I think it was Mr. Loyd said so, but do 
not think Mr. Apple would do any such thing, he was at the polls, and 
was a very efficient officer in keeping and preserving order. I will 
further say that I heard a number of others say so, but do not recol- 
lect their names. The police received for their services $1 25 per 
day, which was paid for by the commissioners of the district; I 
think I paid $50 for the rent of the room, and other expenses, I 
think, amounted to $50 more ; my recollection is not distinct what 
I paid for the room, it was not less than $40, nor more than 860; 
I *think I paid him $85 for room and all other expenses. I have been 
Mayor of the Northern Liberties about three years, never employed 
extra police before at elections, but at the special election of Mr. 
Charles J. IngersoU and Mr. Charles Naylor, in 1837, about forty 
in number. On the night of the election there was a number of 
3'oung men volunteered their services principally from the city, ac- 
quaintances of my sons, who were apprehensive of a disturbance at 
the Northern Liberties ; I was principally at my office on the day of 
election. The police were provided with light maces, sevei\ or eight 
inches long to be used as weapons by the police. 

JOHN CONRAD. 

Sworn and subscribed, May 3ist, A. D. 1839, before me, 

James R. Snowden, Chairman. 

On motion of Mr. Zeilin, 

Committee adjourned to meet on Saturday, June Ist, 1839, at 3 
-o'clock, P. M.. 



118 



Saturday, June I, 1339. 
2 o'clock P. M. 



Committee met pursuant to adjournment. Present, Snowden, Zei- 
in,. Roberts and Flenniken. 



Alexander M'Calmont, sworn. 

I know a man by the nantie of Peter Albright from Philadelphia, he' 
and I roomed together at Mrs- Buehlers, in No. 14, On Monday 
night last, when 1 came to my room,, he was in bed — the next morn- 
ing we liad a conversation in the room; Peter Albright said, 1 am from 
Philadelphia, they have subpoenaed me here before the committee, to 
investigate the election in Philadelphia — 1 was an inspector of the 
election. "^ I, said is the investigation not over yet," he replied no, 
they will not make much by bringing me here — I know what they 
want to End out, but I'll be damned if I will tell them. I can tell them 
how the election was conducted, and I can tell them about Charley 
Ingersolls rascality, but they want to find out how the votes were ob- 
tained, and whether I brought men into the wards to board, paid their 
taxes and boardmg, and then took in their votes ; he said, they niay 
find that out the best way they can. I told him that strange things 
were done in Philadelphia,, at elections, and that I never could un- 
derstand how these alleged frauds were practised. He said he knew 
how these things were done,. at the time Gen. Ash ran against John G. 
Watmough for Congress, he said, that they had went and examined 
the tax lists, went and got ihe names in every ward, of such persons 
as were dead-, or those absent, paid taxes for them, boarded fifty men, 
and paid their boardmg in different wards, and out of those fifty men, 
they had made something like fifteen hundred votes for Gen. Ash, 
and beat Jno. G. Watmough ; that he belonged to the democratic par- 
ty at that time, but now he was with the other party ; about a few 
minutes after the conversation, above referred to, occurred,. I went 
to the bar keeper, asked the name of the person who roomed with 
me, and took a memorandum of it on paper ; the conversation, above 
referred to, with Albright, took about as long a time as conversation 
above referred would take. Immediately after the conversation took 
place, I went from No. 14 to the bar, made the enquiry and took a 
memorandum of the conversation. I reside in FrankliH, Venango 
count}-. Pa., I am a democrat, voted for Simon Snyder, and belonged 
to the democratic party. In answer to a question of the chairman, 
Mr. Snowden, witness states that he is the President Judge of the 
18th judicial district of Pennsylvania." 

I have no further acquaintance with Peter Allbright, but that he 
lodged with me in the same room in No. 14, at Mrs. Buehler's, m 
In Harrisburg, for a few days. 

A. McCALMONlV 

Sworn and subscribed, June 1st, A. D. 1839,, before me^ 

James R. Snowben, Chairman^ 



119 



Rudolph K. Harley, affirmed. 

I was elected inspector ot the 7th ward, Northern Liberties, in 
1837, to serve at the election of 1838. I served in that capacity at 
the constable election in the spring of 1838, and at the correction of 
the registry I sat as inspector ; we were very much dissatisfied with ^ 
the law, but had to abide it; I did not act as inspector on the 2d 
Tuesday of October last, in consequence of ill health ; I was not partic- 
ularly solicited to decline serving as inspector. In June last I moved 
out of the ward to Kensington ; some persons were dissatisfied, and said 
I had no right to sit as inspector because I moved out of the ward ; I 
thought I had if my health would permit. Thomas Halloway called 
upon me, and said he was afraid that I would not be able to stand it; 
1 wished to attend for the purpose of earning a few dollars ; not having 
earned any thing for so long, in consequence of my ill health. He 
then said iV you think you can stand it, I will go in your place and 
give you $10 if you let me go in your place ; I agreed to take the 
$10 if he would 'attend to it himself; I knew he was a responsible 
man, as much so as any man. in the county of Philadelphia, and if 
he would attend to it, I would take the $10, and sign over to him ; 
he gave me a check for glO, and I resigned in his favor ; Mr. Hallo- 
way did not act as inspector ; when I applied to him, to know why he 
did not serve as inspector, he said that Mr. Jeffries had been appoin- 
ted, and acted as inspector, who I consider as honest a man as can 
be found in the county of Philadelphia,! knew him and Mr. Halloway 
for twenty years, there can be nothing said against either of them; 
I think! got as much as I could have made if I had served myself. 
A number of the federalists made much noise about my signing off, 
some said I received 8300 ; some said $200 for declining; and some 
said that I was too dumb. Peter Albright's character is not good ; 
his reputation and standing in the district of the Northern Liberties 
was not good ; he and I belonged to the democratic party together for 
years ; I did my share ; he use'd to come and make proposals to do so 
and so at our public meetings, we would no agree to it, and had no- 
thing to do with him I know Peter z\lbright twelve or fourteen years. 
I know John Painter, have known him for a number of years ; he re- 
sides in 7th ward, Northern Liberties ; his character is good ; 1 heard 
the testimony of Peter Albright before this committee ; heard him say 
that he saw Mr. John Painter put his finger to his nose, bring a man 
up who was not entitled to vote, the manner of giving dead votes, 
playing the old game, &c. From my knowledge of the character 
of Mr. John Painter, I do not believe that he did^any such thing, or 
that any thing of the kind occurred, I was not at the election of the 
Northern Liberties on the day of election ; I voted in Kensington, 
when Mr. Halloway and others came to me, they said that some per- 
sons were dissatisfied about me acting as inspector, and said they 



120 

feared that my serving would vitiate the election. I know Mr. Peter 
Albright to be constable of the 1st ward, Northern Liberties for nine 

or ten years. 

R. K. HARLEY. 

Affirmed and subscribed, June 1st. A. D. 1839, before me,. 
James R. Snowden, Chairman. 
Witness discharged. 

On motion of Mr. Zeilin, 
Committee adjourned, to meet on Monday, June 3d, at half past^ 
2 o'clock,. P. M. 



MoKDAY, June 3d, 1839. i 
2i o'clock, P. M. V 

Committee met pursuant to adjournment. 
Present — Snowden, Zeilin, Cunningham and Roberts. 

On motion of Mr. Zeilen, 
Committee adjourned, to meet to-morrow at hall past 2 o'clock', 
P. M. 



Tuesday, June 4th, 1839. > 

Half past 2 o'clock, P. M. y 

Committee met pursuant to adjournment. 

Present : Snowden, Zeilin and Flenniken. 

Sergeant-at-arms reports that the following v/itnesses are in at- 
tendance : 

James Caldwell, Joseph Little, George Lowry, Jacob S. Beck,.. 
Abraham Myeis, Daniel Clark and Henry Simons. 



Joseph Little called and sworn. 

I reside in 5th ward, Northern Liberties ; I saw Mr. Charles J. 
Ingersoll on the morning of the election in the entry of the commis- 
sioners hall, with the inspector of the 7th ward, in close conversa- 
tion with him ; this was previous to the opening of the polls. On 
the morning after the election I went into the commissioners' hall of 
the 7th ward and wished to obtain the result of that ward for Con- 
gress ; when I came in the papers were all lying open on the table, 



m 

and afterwards I think jnmpled up together by Jacob R. Kline. I 
do not know whether Mr. Jacob R. Kline was clerk or inspector ; 
Mr. John C. Gerrish was judge of the election ; at the time I saw 
Mr. Ingersoll in the entry there was two or three other persons there 
beside the inspector ; I did not hear what he said to the inspector. 
The hall is a public avenue, persons going in there must pass that 
way to get in- I am a police officer appointed by the commissioners 
©f the district ; I did not ask any person in the room for the returns 
of the 7th ward; I voted in the 5th ward, Northern Liberties, and 
voted the whig ticket headed by Joseph Ritner and Charles Naylor» 
I knew nothing of the sheriff's arrangement or employment of men 
by the Mayor, John Conrad ; I do not know whether the judges had 
finished making up the returns or not at the time I saw these papers- 
lying on the table. 

JOSEPH LITTLE. 

Sworn and subscribed June 14th, A. D. 1839, before me, . 

James R. Snowden, Chairman. 

Witnes discharged. 

On motion of Mr. Flenniken, 

That when this committee adjourns it adjourns to meet this eve 
ning at half past 7 o'clock, 

Which being agreed to, the 

Committee adjourned. 



Tuesday morning, June 4, 1839. 
71 o'clock, p. M. 

Committee met pursuant to adjournment. 

Present- — Snowden, Zeilin, Cunningham and Flenniken, 



Daniel Clarke, affirmed. 

I reside in the 6th ward, Northern Liberties, Messrs. Carpenter and 
Lott kept a register of the votes, outside of the window of the 6th 
ward, Northern Liberties ; about 8 o'clock in the evening the voters 
eommenGed slackeniog off; there were slips of paper handed by a 
person on the outside, to persons also on the outside of the window; I 
saw one of these slips with Mr. Benjamin E. Carpenter and Mr. Wm. 
Lott. There were several lists ; one of the lists that I saw was taken 
from the letter 'S S.' Soon after that a person came up to vote in 
the name of Smick, he was challenged, and I think, sent away from 
the window ; whether it was the same Smick or another person i am 



122 

not certain ; when he came back he deposited his vole at the window, 
I objected, his name was among the 'S S ;'my colleague, Mr. Kewen, 
said he thought it was a good vote, after the men went out I followed 
him to satisfy myself whether it was not a good vote ; a couple of the 
men came up to him and asked him how he made out, and took him 
by the arm, he said that he cheated the Whigs out of one vote ; they 
said that we must now push them in. I went up to the window and 
said that it was an illegal vote that 1 heard ihe man confessing it. 
The vote was not put in, of this the officers satisfied me ; the vote was 
examined, it was a Van Buren vote, and examined by Mr. Kewen. 
Soon afterwards I saw Mr. Kline pull Mr. Benjamin E. Carpenter by 
the pantaloons ; I heard Mr. Carpenter say, he must quit that, at this 
a person stept up, and I heard him say, we are watched too close ; 
dont know that it was Mr. Carpenter, or who it was ; this was on the 
day of the last general election Mr. Carpenter and Mr. Kline belong 
to the Van Buren party. At the time this occurred it was after 
night past 8 o'clock, Mr. Lott assessor of the ward was there, I ask- 
ed him if the list was correct, he said it was; dont consider it 
wrong to have a list on the outside; I voted the whig ticket; dont 
take part in politics much ; I stood at the window the whole day ; 
there was a whig judge at the window in the inside ; I dont know the 
person who voted ; never saw him betore nor since; he was a stranger 
to me; I do not know the names of the persons who were talking to 
him; I don't know whether they were whigs or Van Buren men. 
When I heard him make the expression that he had cheated the 
whigs out of a vote. I followed him through the crowd in his wake ; 
these two men came and took him by the_arm ; I was at the windov^r 
all day or the greater part of it ; absent perhaps half an hour ; I got 
g5 00 for my services on that day. I was a sheriff's officer, depu- 
tised by the sheriff to preserve order; when the $5 00 was offered to 
me, I at first refused it, but he said others had taken it ; I was instruc- 
ted to allow no cheating, no illegal voting or fraud by either party, 
and see that there was no violence committed. Neither of us elec- 
tioneered any ticket that day. Mr. Halloway was one of the princi- 
pal officers ; I attended no meeting of the whigs previous to the elec- 
tion. They had scandalised me in the papers, published a libel 
against me. I did not intend going to the election on that day, but 
for the purpose of voting, but they persuaded me to act as a sheriffs 
deputy. It is usual for persons on the evening of the election to go 
for persons to come and vote, who they know have not voted ; I have 
done this myself. In the first place, Smick gave in his name as Mi- 
chael; I told him he had voted; then he changed his name and gave 
it as George or John. I dont know whether he was a Van Buren 
man or not, I only knew by his ticket. I attended several whig meet- 
ings until perhaps a week before the election. 

DANIEL CLARKE. 
Affirmed and subscribed, June 4th, 18X9, before me, 
James R. Snowden, Chairman. 
Witness discharged. 



123 

Daniel M. Leisenring, sworn : 

I know Isaac Abraham, Jr. ; I know Mr. Bela Badger; Mr. Bad- 
ger never sent me after Mr. Isaac Abrahams — Abrahams and I were 
coming down fourth street, Abrahams asked me if I knew Mr. Bela 
Badger, I told hmi I did ; he said he would like to see him. We 
went on to Chestnut street and there we saw Badger ; when we got 
to Mr. Hollahan's, near 6th street, Mr. Badger was going into the 
whig head quarters — Mr. Kahoo kept it at that time — when we 
came in the tavern Mr. Badger went up stairs, Abrahams and I fol- 
lowed him up stairs ; I introduced Abrahams to Mr. Badger, walked 
to the back part of the room ; I left them there, and I went down 
stairs. When Abrahams came down, he told me that he was to get 
$50 ; a few days aftei wards I was with Abrahams, again he told me 
that Mr. Badger had gave him 5 $10 notes on the bank of Penn 
Township, that was the only time I ever saw Mr. Badger and Abra- 
hams together, afterwards Mr. Badger told me that he had given Mr. 
Abrahams $50 ; I don't know what he got this money for. 

Mr. Harley was inspector of the 7th ward, Northern Liberties ; I 
was clerk for him at the correcting of the registry list, previous to 
to the last general election; Mr. Harley was an old man — legs swell- 
ed ; and the other inspector, Mr. Jacob Painter, did not want him to 
go in the house. Mr. George Thomas, Daniel Jeffries, Thomas 
Halloway and myself, met together at Mr. Harley's on Sunday, and 
wanted him to resign as inspector. He said he would not do it, that 
there was good eating and drinking in the house, besides what he 
would make for his services. On another occasion Mr. Painter and 
myself were at Mr. Harley's, and wanted him to resign; Mr. Painter 
said if Harley would not resign he would, and if he would give him 
ink and paper he would resign if Mr. Harley would not. Mr. Har- 
ley said he would get him the paper, and after he agreed to get the 
paper Painter would not do it. Mr. Harley said if any respectable 
man would come and take it he would resign ; Mr. Harley resigned 
in Mr. Halloway's favor. I knew that Mr. Harley lived out of the 
district ; at that time he resided in Kensington. I live in the 7th 
ward Northern Liberties, and have been clerk of the election for sev- 
eral years ; I voted early in the morning, went away, stayed all day, 
and returned in the evening; I was not a deputy of the sheriff; I 
was here before the organization of the House of Representatives, 
came here on Saturday or Sunday. I know Mr. Stevens, saw him, 
and merely spoke to him. I don't know whether I ever told any 
person that I received money to electioneer for Mr. Charles Naylor. 

DANIEL M. LEISENRING, 

Sworn and subscribed, June 4th, A. D. 1837, before me, 
James R. Snowen, Chairman 

On motion of Mr. Flenniken, 

Committee adjourned to meet to-morrow at half past 2 o'clock* 
P. M. 



124 

WEDNESDAYy, June 5th, 1839. i 
2i o'clock, P. M. < 

Committee met pursuant to adjournment. 
Present : Flenniken and Zeilin. 

There being no quorum present, 
On motion of Mr. Zeilin, 
Committee adjourned to meet to-morrow morning at 8 o'clock. 



Thursday, June 6th, 1839. ) 
8 o'clock, A. M. I 

Committee met pursuant to adjournment. 
Present: Snowden, Zeilin, Roberts, Cunningham and Flenniken 



Abraham Myees, affirmed. 

In the morning of the election I saw Mr. William L. Lott and Ben- 
jamin E. Carpenter, each had a copy of the register, when men came 
up to vote they marked every man's name as he voted. About 5 
o'clock in the afternoon, Peter Kline, Jr. asked Mr. Lott if Thomas 
Brown had voted ; Mr. Lott said he would see ; he opened his book 
and told him he had not voted, so he started off after Mr. Brown ; 
something like ten minutes after that I saw Mr. Kline in company 
with a young man coming through the crowd towards the window, 
he went to the window and offered his vote, his name was given in 
Thomas Jones ; the judges told him there was no such name on the 
register, and he turned back and stept from the platform. Mr. Kline 
told him he did not give the right name ; I stept up to listen, I found 
out he was to have given the name of Thomas Brown, he thought it 
was Thomas Jones. In the evening I saw Mr. Lott, Carpenter and 
Kline examining the register and taking a copy of the names from 
their list; this was taken away by Mr. Kline ; some few moments 
afterwards, Mr. Kline brought a man which he had tried to hold up, 
he was so much intoxicated, and brought him to the window, he gave 
the name of George Shields — this Mr. Shields I knew ; this man 
was not Mr. Shields. I asked him where he lived, he would not say 
any thing about it, and Abel M. James, one of the inspectors, asked 
him if he did not live in 5th street above Brown, he hesitated awhile 
and said "yes he did." I knew there was no such person living, 
I asked him who brought him there to vote ; he studied sometime 
and said he had come of his own accord. In the meantime Mr. Kline 
hid himself behind some other men, the man went away ; after he 
was gone I told Mr. Lott they ought not to do such things ; Mr. Lott 
said I ought not to be so particular, for all parties cheated at elec- 



125 

tions, this was in the 6th ward Northern Liberties. Mr. Kline said 
to Lett, we have beaten them by a tremendous majority, and we can 
do it if we go to work as we have done to day. I was at the elec- 
tion house as the deputy of Mr. A¥atmough the sheriff; I do not 
know the man who wanted to vote, his vote was not received. I 
can't state that his name is not Shields, but I can state that he does 
not live in that ward. I assessed the ward at my own pleasure, my 
object was to assess the ward to ascertain the votes in the ward ; I 
did this by my own directions ; Jacob Sheppard was with me; the 
ticket was an Ingersoll ticket ; this is not the same man Clark speaks 
of, I voted all my life time what is now called the whig ticket, I sup- 
ported that ticket actively last fall ; I was at this ward all day, and 
there were other persons in the same capacity. This ward has for 
the last three years given a democratic majority, the majority this 
last fall was about the same as the year previous ; there was a whig 
judge in that ward name of Jacob Sheppard — same man that assisted 
as assessor. The number of persons on the register agreed with 
what I made it, except two or three, I made it something rising 800 
on my list, we discovered between six and ten aliens on this list, those 
men did not vote ; I don't know of any illegal votes put in at that 
ward on that day. 

ABRAHAM MYERS. 
Sworn and subscribed, June 6th, A. D. 1839, before me, 

James R. Snowden, Chairman. 
Witness discharged. 

On motion of Mr. Zeilin, 
Resolved^ That when this committee adjourns it adjourns to meet 
at half past 2 o'clock, P. M. 

Agreed to. 



SAME DAY, 

June 6th, 1830, 
2i o'clock, P. M. 
Committee met pursuant to adjournment. 

Present — Snowden, Flenniken, Cunningham. 



Jacob S. Bisck, affirmed. 

I reside in 3d ward, Northern Liberties ; I acted as clerk of the 
inspectors at the last general election ; during the day, at two dif- 
ferent times, I went out of the house, found Mr. Ingersoll in com- 
pany with Mr. Daniel Jeffries, who was one of the inspectors of the 
7th ward, at the back part of the house in close conversation ; I went 
out past midnight, between 12 and 4 o'clock ; I found Mr. Ingersoll 
in the back entry with Mr. Jeffries. In the morning after we had 



126 

done counting off, I went over the neighborhood of the 7th ward, 
was standing there, and heard Mr. Jeffries ; he was in a great flurry 
about something, and said, "where is that damned paper ;" the boxes 
to the best of my recollection, were sealed up ; I saw Mr. Jefi'ries 
take his knife, cut open the tape and open the box, he took out the 
papers, and exclaimed, " ah here it is, it is all right." I did not 
know at that time, what paper it was ; it was the first information I 
had of a paper being lost ; my attention was then drawn to another 
part of the table ; I noticed that Mr. Gerrish, one of the judges, was 
not at the table, but in the same room, there was no one present at 
the time, at the table but the Inspectors and clerks ; I told it imme- 
diately to the judges, that Mr. Jeffries had opened one of the boxes ; 
the judges were all whigs ; there was nothing done or said about it at 
the time. When we left the house to go and deposit the boxes ; we 
went across the way to Mr. Edward D. Corfield'^s office, directly op- 
posite the hall ; there was some difficulty there about the room ; 
Mr. Corfield said, we will go to my house ; when we came out in 
the street, Mr. Thomas Weaver was there, who said "you damn- 
ed fools, why dont you take them round to Esq. Shaw's. Part 
of the boxes were then taken to Esq. Shaw's, who lives in Green 
street, above 3d, and part of them to Mr. Corfield's house, Shaw's is 
not the nearest justice; two justices nearer than Esq. Shaw's ; Cor- 
field is not the nearest justice ; Mr. Corfield, is what I call a dem- 
ocratic whig, Mr. Shaw is what they call a loco foco. I heard Mr. 
Ingersoll in his speech argue the law in which he contended that if 
the people merely suspected an officer of cheating, or caught him 
cheating, they would have a right to inflict summary punishment 
upon them on the spot. All the officers of the 3d ward, N. L, were 
whigs at the last election ; on the day of election I was armed with a 
loaded mace ; all the officers of this ward were armed, some with 
pistols, and others with maces, to the best of my knowledge, an oc- 
currence which I never saw before, this was in consequence of 
speeches made by Mr. Ingersoll. I heard some democrats say to 
me that the whigs intended to cheat at the last election ; applications 
were made to me frequently during the day, to ascertain the number 
of votes polled. There was no application made to me to ascertain, 
the actual result ; there was no person permitted to come in the house 
but the sheriff. The mayor of the Northern Liberties was in pre- 
vious to the opening of the polls, to swear the officers. I saw Mr. 
Bela Badger sworn in by mayor (^nrad ; did not see him subscribe 
his oath to any paper. I do not know that any of the officers signed 
the papers at the time ; I did not hear the conversation held by Mrj 
Charles J. Ingersoll and Mr. Daniel Jeffries ; the entry where I first 
saw them is a public thoroughfare; the second time I saw them, some 
person was standing with them. Mr. C. J. Ingersoll does not reside 
in either of the wards of the Northern Liberties, but resides in the 3d 
district of which the Northern Liberties is a part. 

JACOB S. BECK. 
Sworn and subscribed, Jane 4th, A. D. 1839, before me. 
Witness discharged. J. R. Snowden, Chairman. 



127 

George Lowry, affirmed, 

I reside in the 3d ward, Northern Liberties ; I was in the house as 
door-keeper of the commissioners' hall in the Northern Liberties, I 
stood by the door at the entry of the hall to let those in or out who 
had a right to come in or out ; about the opening of the polls I seen 
one of the inspectors of the 6th ward, Abel James come by the sev- 
enth ward window and told one of the judges that Mr. Charles J. 
Ingersoll was there and wanted to see him; James together with Mr- 
Jeffries and Mr. Painter, inspectors of the 7ih ward. Northern Lib- 
erties, went out into the entry,, and when they went out I stoodfat the 
door, and I saw them go together to the end of the entry at the stair- 
way in close conversation, I opened the door once or twice, looked 
out and they were in earnest conversation ; about the time they were 
sealing up ihe boxes, the papers had. all been thrown out, Painter 
and Jeffries were sealing up the boxes — they were tied up with tape; 
while Painter was in the act of sealing the boxes, a person, and I 
thinJt it was Mr. Jeffries, said that they could not find one of the 
tally lists. One of the officers was there and was about tying up the 
papers to go to the Prothonotary's office ; they opened a bundle of 
papers and were, looking for the papers ; some one said that perhaps 
they had put two in the box instead of one that Mr. Painter was seal- 
ing; he pulled off the tape of the box and looking at Painter said 
ther.e was no more here than there ought to be. As he said this 
some one of the officers said, "here it is^ it is all right," and he fin- 
ished sealing up^ the boxes. Mr. John Gerrish, judge of the 7th 
ward, was present at the time. I can't tell the names of any of the 
persons who went in the room but the mayor of the Northern Lib- 
erties ; I did not see the sheriff there during the day ; I was ordered 
to let none in but those who had a right to come in. I called Mr. 
Badger several times during the day to ask him to let those in who 
wished to see him or any of the judges ; I was not armed. The 
other officers were armed — I saw a pistol or two in the hands of the 
other officers ; saw them put them in their pockets. I am a whig ; 
the officers of that district are all whigs. 

GEORG LOWRY. 

Affirmed and subscribed, June 6th, A. D. 1839, before me, 
James R. Snowden, Chairman. 
Witness discharged* 



Henry Simons, afiirmed. 

On the morning of the election, previous to the opening of the 
polls, I saw Mr. IngersoU in the entry that leads from the hall to 
the back part of it, in conversation I think with Mr. Daniel Jeffries; 
dont know whether Mr. Painter was there or not. I heard some fuss 
made about a paper which they said was lost. I heard one of the 



128 

officers say "here it is, it is all right." I think it was Mr. Jeffries 
said so ; I do not know but think it was the Tally paper. There 
was a good deal of dispute about the votes of the 7th ward ; at one 
time the judges were called together to decide upon a disputed vote, 
before they came together to decide, Mr. Jeffries said "he would be 
damned if he would not take it ; take the responsibility upon him- 
self, and threw it in the box ; I saw him throw it in. Mr. Jeffries 
was an inspector of the 7th ward, N. L. ; I was a judge of the 3d 
ward; at the time Mr. Jeffries said this, some of the judges were 
there. It was alledged that the name was not there on the list ; I do 
not know whether his name was on the list or not. I did not look 
on the registry list to see whether his name was down or not ,* I 
dont know what ticket he voted ; I dont know all the votes in my 
ward. Persons might vote in the names of others, without the 
judges or inspectors knowing it. I supported the whig ticket at the 
last election. At the time Mr. Jeffries made use of the language 
above referred to, he said he would take the vote independent of the 
registry. I was armed at the last election, and went armed. It was 
a common report, that the democrats said they would carry the elec. 
tion at all hazards ; I heard more than a hundred say so ; I heard Mr. 
Rhen say so.; do not know where he lives, or what party he belongs 
to ; I do not know his first name ; I dont know the name of any per- 
son who said so. I heard some of my own party say that they would 
endeavor to carry the election by all fair and honorable means. I 
attended several whig meetings before the election ; I think it is pro- 
bable I was a member of some of the committees of vigilance. 

HENRY SIMOiNS. 

Affirmed and subscribed, June 6th, A. D. 1^39, before me, 
James R. Snowden, Secretary. 
Witness discharged. 



James Caidwell, swtjrn. 

I was here at the organization ef the'House of Representatives on 
the 4th gf December ; I had no forces here under me on that day. 
1 am a contractor, but not from Halifax. I was at a furnace that I 
was building previous to the organization of the legislature, in Mif- 
flin county ; my family then resided in Lancaster county, but were 
on a visit in the neighborhood of the furnace. I had business in 
Lancaster and also in Adams county, where I had work ; 1 talked of 
going to Adams county, one of my brother-in-law, a loco foco, told 
me if I would come by way of Harrisburg he would come with me, 
we came down together. I had no preconcert with any person pre- 
vious to the 4th of December, nor with any person on that day, nor 
with any person to come here. I had no person under my eom- 



129 

mand in the House of Representatives on that day. I know John 
p. Rutherford, did not see him with any forces here, I know of no 
other James Caldwell a contractor in Pennsylvania. I had a contract 
on the Gettysburg rail-road; 1 had no contract on the Wisconis^co 
canal. There was some contractors here from Gettysburg, but do 
not know of any hands being here. I was in the House ol Repre- 
sentatives at the organization and was standing behind Mr. Stevens 
a part oi' the lime ; 1 know Mr. Stevens, I had no conversation with 
him before the organization of the House of Representatives, or after 
it. I boarded with him, had a conversation with him — I apprehended 
some difficulty about the organization of the House ; I came here on 
Monday ; I saw Mr. Martin and one of his brothers, also Mr, John 
p. Rutherford; I was one of the men in the Aisenal, was provided 
with a musket ; I took care to put a bayonet on it ; there was 27 
men in the Arsenal with muskets — went in under the orders of the 
keeper of the Arsenal, Capt. John P. Rutherford had command of 
the men in the Arsenal ; we were divided offinto squads, and squared 
off so that every man would know his place ; the muskets were not 
loaded, we had no powder or ball ; Mr. J. F. Cotrell of Cohmibia 
was in also, he became a contractor in July last ; Mr. James Martin 
and his brother, contractors on the Wisconisco Feeder, were in also. 
Mr. William Westhaven lives in York couniy, superinteident on 
the York and Wrights ville rail-road, was also there ; Mr. Schreiner 
an engineer on the Gettysburg rail-road, was in ; Mr. Guyer, and 
Mr. G. S. Parker, citizens of Harrisburg, were in ; also Mr. Elliot, 
editor of the Pennsylvania Intelligencer, Mr. Updegrove, a young 
man was in ; Mr. McCoy, said to be from Halifax, the man who 
was knocked down by the mob after leaving the Arsenal, vvas in 
also ; these are all I can recollect of as being in the Arsenal that day. 
These persons volunteered and put their names down at Mr. Gleim's 
hotel, to protect the Arsenal ; I heard a man say he wanted powder 
to blow the Arsenal up, from his voice I think it was Joseph Hall 
of Philadelphia, he called for powder and said he would blow it up 
and those inside with it ; he then called for persons to assist him to 
tear it down, a person outside told him to take care that there was a 
cannofi in the inside, and if the door was bursted open they would 
shoot it off; I went up stairs, looked out of the window, and saw 
Mr. Joseph Hall, who with Gen. Diller appeared to be very active 
as spokesmen of the mob ; the keeper of the Arsenal became very 
much alarmed, raised the window and begged of the mob to desist* 
who were then about breaking open the door. A person outside said 
that ammunition had been taken in the Arsenal, and if they would not 
come out he would tear it down ; the keeper assured him that there 
was no ammunition in the Arsenal. 

I have only one brother in Pennsylvania, who was a contractor 
he was not here on the 4th December. ,r, 

JAMES CALDWELL. ^ 
I. 



Sworn and subscribed, June 6lh, A. D. 1839, before me^ 
James R. Snowden, Chairman.. 

Witness discliarged. 

On motion of Mr. Flenaiken^ 
Committee adjourned in meet to-morrow at 2|, P. M- 



Feidait June 7th, 1839. 
2i o'clock, P. M, 

Pursuant to adjournment committee met. 

Present: Flenniken, ©unningham and Zeilin. 
There being no witnesses in attendance, 

On motion of Mr. Zeiliis, 
Committee adjourned until to-morrow at 3 o'cloclc, P. ML 



Saturday, June 8th, 1839, 
3 o'clock, P. M. 

Committee met pursuant t& adjournment. 
Fresent : Flenniken and Cunningham. 

On motion, 
Committee adjourned to- meet on Monday at 2| o%lo©k, P, M 



MoN2?AY, June li^th^ *i83^,> 
2^ o'clock, P. M. y 

Pursuant to adjournment^ committee met. 

Present — Snowden, Roberts, Zeilin, Cunningham and Flenai- 



WttXlAM F. COPLAN, SWOtH. 

I reside in the county of Fayette, and TFcpreaent the eouaties of 
Fayette and Greene in the senate. I was in the senate cham- 
l|er on Tuesday the 4th of December last, some time before the 
ipeeting of the senate, which, I think, was at 3 o'clock in the after- 
aoon. The lobbies and galleries were crowded with spectators j Mr, 
Penrose, speaker of the late senate, took the speaker's chair, an4 
jiirected the names of the members of the late senate to be called 



131 

• over; Mr. Myers objected to his acting in that capacity, and pro- 
ceeded to show that it was not in accordance with the usage of the 
senate ; Mr. Penrose called him to order repeatedly, and after he had 
sat down, stated some reasons for pursuing the course he did, and 
concluded by informing the senate that he had issued writs of elec- 
tion to the sheriffs of the several counties, to hold elections to sup* 
ply the vacancies occasioned by the resignation of David R. Porfefj 
Cornelius Darragh, and by the death of Alexander M. Peltz. The 
secretary of the commonwealth, Mr. Burrowes, who, I believe, was 
present at the meeting of the senate, was announced, and presented 
to the senate what he called the official returns of the election, for 
members of the senate, held on the ,2d Tuesday of October, 1838. 
The returns presented by the secretary, were then read, and a reso- 
l.ution was offered by Mr. Carpenter in the following language. 
*' Resolved, that the secretary of the commonwealth be requested to 
furnish to the senate, forthwith, any and all returns and papers in 
his office, addressed to the senate of Pennsylvania," and on the mo- 
tion made by Mr. Carpenter and seconded by Mr. Caldwell, to pro- 
ceed to the second reading and consideration of the resolution, the 
yeas were nine, nays twelve ; every democratic senator whose name 
was called, voting in the affirmative, and every whig senator, except 
Mr. Fullerton, voting in the negative. The names of no senators, 
however, were called or allowed to vote, except those who had been 
members of the late senate. Either at this stage of the proceedings 
0r immediately before the presentation of the resolution by Mr. OaX" 
penter, Mr. Brown, a senator elect from the county of Philadelphia, 
who had been elected, by a majority, as has since been declared by 
a committee of the senate, of six hundred and seventy-six votes, rose 
and offered to present to the senate the return of the election for sen* 
ators in the county of Philadelphia, bringing a return filed in the 
Prothonotary's office, signed by a majority of the return judges of 
the district, and authenticated by the certificate of the prolhonotary ; 
he accompanied it with some remarks. The speaker refused to re- 
ceive the return offered by Mi-. Brown, or to entertain any proposi- 
tion or hear any explanations from him. Gen Rogers then offered 
the same papers as evidence of the election of Messrs. Brown and 
Stevenson, but Mr. Penrose declared it out of order, and that it could 
not be received or read to the senate. Gen. Rogers attempted to 
address the senate, but was repeatedly called to order and was not 
permitted to proceed. A motion was then made by Mr. Pearson and 
Mr. Barclay, in the following language ; " That neither of the sena- 
tors returned as elected from the 8th district composed of the coun* 
ties of Perry, Mifflin, Juniata, Union and Huntingdon, be permitted to 
take their seats, until after the senators from the other districts are 
qualified." The motion was sustained by 13 yeas and 8 nays, all 
the whigs voting in the affirmative, and all the democrats in the neg- 
ative, and the voting being confined as in the former case, to the sen- 
ntore present, who were members of the last senate. Mr. Penrose 
•-etired from the chair, and the senate proceeded to elect a speaker; 



iS2 

my name and those of the otlier new senators being called and W6- 
aiiowed to vote, excepting only the claimants from the 8th district, and 
Messrs. Hanna and Waggoner voting as the senators electfrom Phila» 
delphia coonly. Mr. Pearson was elected speaker and again took the 
chair. Amotion was then made by Gen. Rogers and Mr. Myers, "to 
postpone qualifying the senators from the second district, comprised 
of the county of Piiiiadelphia, until after the usual oaths and affirma-- 
lions, are administered to the senators returned from the several oth- 
er districts of the commonwealth." This motion was negatived by 
a vote of 9 yeas to 12 nays; the democratic senators all voting in 
favor of it, and the whigf senators against it, with the exception of' 
Mr* FuUerton, and the vote being confined ag-ain to the senators of 
the late session. I protested against the injustice and inconsistency 
of permitting me, my seat being midisputed, to vote on one questioa 
and afterwards refuse me a vote on another question ; but the speaker 
repeatedl)' called me to order, and remarked that I had no right to 
speak at that time. The senators were then sworn and some pre- 
liminary busines?s transacted. A committee from the house oi repre- 
sentatives was announced, and informed the senate that the house 
was duly organized and ready to proceed to business. Mr. Spack- 
iuan and some one else was announced as a committee purporting 
to come l^rom the house of representatives, was also announced, and 
gave the same information. The speaker announced them both, as- 
1 understood, as committees from the house of representatives. Mr. 
Fraley oi the city, about this time, was then on the floor and had' 
partly read a resolution, which I supposed to contemplate a recog= 
siition on the part of the " Cunningham house." Be withdrew il 
before the reading was finished, and on motion of Mr. Ewing and- 
some other senators, Mr. Brown was permitted to address the sen- 
ate. While he was speaking, Mr. Pearson called Mr .^ Rogers to 
the chair and left the senate chamber. After Mr. Brown concluded 
Ihe senate adjourned. Col. M'Cahen then made some remarks to the 
people ; Mr. Brown, and I think, Gen. Rogers also made some oth= 
er remarks. The audience in the galleries and lobbies, had obser= 
ved perfect order, decorum and silence, until after the speaker had 
refused to hear Mr. Brown, or to receive from either him or Gen. 
Rogers the evidence of the election of the senator from Philadel- 
phia county. Even then and for a considerable time afterwardsi^- 
they only called hear, hear, and such like expressions of approbation 
and disapprobation. It was not until Hanna and Wagner had been 
sworn as the senators from Philadelphia county, upon the evidence 
of a minority return, and until senators about whose election their 
was neither doubt nor dispute, had been refused votes upon an im- 
portant question, after they had been recognized as senators and al- 
lowed to vote on another question, that the people became much 
excited and Hoisy. They frequently called out "Brown, Brown," 
"hear him, hear him;" "turn out Hanna and Wagner;" "give 
Brown and Stevenson their seats,'* &c.- I was about in different 
quarters of tlie seoate chamber and among the people during the eve= 



133 

aing, and heard no threats of personal violence to any men or set of 
men— I heard no cries of "knife the speaker " &c., as has been re« 
presented, and I do not believe that the speaker or any other person 
was in any danger personally, and I was very much surprised to 
hear that he and others had left the senate chamber under any such 
apprehensions. After the remarks of Col. MeCahen and one or two 
others, the people retired from the capitol without injury or vio- 
lence, so far as I ever iieard, to any one. 

WILLIAM F. COPLAN. 

'Sworn and subscribed* June 10, 1839, before me^ 
James R. Snowden, Chairman. 

Witness discharged. 

On motion of Mr. Fienniken, it was 

Resolved, That the circular of Thomas H. Biirrowes, as chair- 
man of the state central committee, issued after the October electioo, 
be attached to the proceedings of this committee. 

From the Harrisburg Chronicle. 

TO THE FRIENDS OF JOSEPH RITNER. 

Fellow Citizens : 

The general election has resulted in a manner contrary to all onr 
reasonable calculations and just expectations, the opponent of our 
carididale for the ofiice of Governor appears to have been elected by 
at least 5,000 of a majority. This is an event, to which, if it had 
been fairly produced, we as good citizens would quietly if not cheer» 
fully submit. But there is such a strong probability of malpractice 
and fraud in the whole transaction that it is our duty peacefully to 
resist it and fully to expose it. 

The election has been characterized by features altogether unpar- 
alleled in the history of our state politics. A few of those of a more 
general nature may be here instanced. 

When the returns from all the counties shall be received, it will 
probably be found that the whole vote given for Joseph Rimer on the 
Othinst. is greater than that which he received in 1835, by a number 
at least equal to the natural, regular and legal increase of votes in the 
whole stale in three years. It will also be found that his friends in 
nearly every county polled fully as many votes, as they before the 
election, expected to do, upon the strength of which expectation a 
reasonable estimate gave him a majority of 10,000 votes. The 
grave questions then arises, whence came the majorities returned for 
his opponent? and how can he be defeated who has so well sustained 
himself with the people, and so largely increased his vote ? 

It v/ill be discovered that in the districts in which the friends ol 
Joseph Ritner had the control of the elections, a moderate increase of 
votes for him, arising from sufficient and well known causes, took 
place ; while in the same districts his opponents had fair play, and 



134 

polled their full number of legal votes. On the other hand it is known 
to all, that in the districts in which the inspectors and judges wer© 
the friends of Mr. Porter, not only were the friends of Joseph Rit?ier 
in many cases wholly excluded from voting, but his opponents ad- 
mitted without shadow of right, thus g welling the majorities of Mr. 
Porter even beyond the wild expectations and extravagant calcula- 
tions of his own friends. Is it right that this state of things, (the 
existence of which each voter will determine by facts known to him- 
self,) should be submitted to in a free country ? 

Finally, it is known that in several counties, in ^which our oppo- 
BCnts liad the control, the votes of whole districts, favorable to our 
candidate were, without shadow ol law or justice, wholly rejected, 
and false and partial returns made. Can there be any safety under 
republican institutions, if such high handed oppression be tolerated ? 
No, we owe it to ourselves as freemen, and good citizens to exam- 
ine into this matter, and if fraud be detected, to expose and resist it. 
We owe it to ourselves and posterity. 

On behalf, therefore, of the State Committee of Correspondence 
and Vigilance, the propriety is suggested of taking measures, at 
once^ for investigatting the manner in which the election was con- 
ducted, and the result produced. Now is the time to make the ex- 
amination, while the facts are fresh and the outrage recent. Let it 
be done then peacefully, determinedly and thoroughly. But let it be 
commenced with an honest resolution to submit to the result, wheth- 
er it be favorable or unfavorable to our wishes. This is the duty of 
all who contend for equal rights and the supremacy of the laws. 

But, fellow citizens, until this investip-atiou be fully made and fully 
determined, LET US TREAT THE ELECTION OF THE 
NINTH INST. AS IF WE HAD NOT BEEN DEFEATED, 
AND IN THAT ATTITUDE ABIDE THE RESULT. 

In the mean time, your State committee wid take all proper mea- 
sures on the occasion ; and when the whole facts are known, and the 
returns received, will probably address you more at length. 

THO. H. BURROWES, 

Ch''n St^ Committer:. 
Harrisbarg, October 13, 1839. 
On motion of Mr. Flenniken, 
Committee adjourned tauieet at the call of the Chairmao^ 



135 



Monday, June 17th, 1839. 
8 o'clock, A. M. 

Committee met at the call of the chairmarib 
Present.* Snowden, Zeilin, Flenniken, Roberts and Cunningham* 



E. Kingsbury, Jr. «worn. 

Question by Mr. Snowden, chairman — I wish you to state your 
knowledge of the facts which took place on the 4th of December last, 
in the Senate chamber. 

Answer — I have read the testimony of William F. Coplan, Esq. 
member of the Senate, taken before this committee, and so far as I 
now recollect, I concur entirely with him in the statement he has 
made. 

Question by Mr. Snowden, chairman — Will you state what you 
know in relation to Governor Porter being sent for, and if so, what 
facts led relative to his coming here ? 

Answer — -Some three or four days before the day when the re- 
turns of the vote for and against the amendments to the new consti- 
tution were to be opened and read, I had a conversation with Mr. Ir- 
win, then a member of the senate from Clearfield county, who stated 
that the returns from Wayne county, a part of my district, had not 
been received, as he had been informed, by Mr. Burrowes then Se- 
cretary of the Commonwealth, and that the new constitution would 
be lost if the votes from that county were not counted, I suggested 
to Mr. Irwin to send an express for the purpose of procuring the re- 
turns, but, upon reflection, I know that they could not be returned 
here by the time they would be wanted. I then informed him that 
>the returns had not been made out in due form as I had understood, 
and that probably Mr. Burrowes had overlooked the paper. I sug- 
;gested to Mr. Irwin to see Mr. Burrowes, and request him to make 
a thorough examination to ascertain whether the returns had not 
^een mislaid or overlooked, and in the meantime I would write to the 
prothonotary of Wayne county, and procure a certified copy of the 
returns filed in his office. He told me that he believed the speaker 
of the senate had already written to the prothonotary for that pur- 
pose. The same day I communicated what Mr. Irwin had told me 
to several of the democratic members of the legislature, and it was 
thought best to inform Gov. Porter of it ; accordingly I wrote to GoVo 
Porter stating the facts communicated to me by Mr. Irwin, and re- 
questing him to come to Harrisburg, and be prepared to act as the 
emergency of the case required, in case the votes for and against the 
amendments were counted, leaving out the votes from Wayne coun- 
ty, and the old constitution should be declared to be in force. This 



136 

letter was signed by a number of the democratic members, perhaps 
by a majority of them. The majority for the amendments in VV'ayne 
«ounty was 1292, and the ^iggregate majority in all the counties, ac- 
cording to the returns of votes as they were counted by the direction 
of the speaker of the senate, was 1212 ; consequently, if the votes 
from Wayne county had not been counted, there would have been a 
majority of 80 against the new constitution. My sole object in wri- 
ting to Gov. Porter, and so far as I knew, the object of other mem- 
bers who signed the letter, was to request Gov. Porter to be at Har- 
risburg at the time when he would be inaugurated, provided the old 
constitution was declared to be in force. 

E. KINGSBURY, Jk. 

Sworn and subscribed, June 17th, 1839, before me, 
James R. Snowdenj Chairman. 

Witness discharged. 

Mr. Snowden, chairman of the committee, submitted a report in 
behalf of the majority of the committee, which on motion of Mr, 
Flenniken, was adopted. 

On motion of Mr. Flenniken, 

Resolved, That the correspondence between Governor Ritner and 
Major General Robert Patterson be attached to the evidence taken 
before this committee. 

Which was adoptv3d, and the 

Committee adjourned to meet at the call of the chairman. 



1st Division Pennsylvania Militia, } 
Philadelphia, January 22, 1839. 5 

I certify that the '^correspondence," "General and Special orders 
of the Governor and Commander in chief," and "Division Orders,'* 
hereto annexed, are truly copied from the originals, and from copies 
of letters written by the Major General (which were compared with 
the originals by me,) now in the possession of the division staff, all 
of which have been examined by me. 

JOHN MILES. 

Aid-de-camp to Maj. Gen<. Patterson. 



137 



CORRESPONDENCE BETWEEN GOVERNOR AND MA«= 

JOR GENERAL. 

No. 1. 

Head Quarters^ 1st DiviHon P. M. } 
Hamsburg9th Dec. 1838. S 

His Excellency, th« Governor, 

Sir — I have the honor to report, that in compliance with your 
general order and requisition of the 5th instant, the volunteers of the 
1st division P. M. under ray command, have arrived at the seat of 
government. 

Very respectfully, 

Yours, &c. &c. 
Signed R. PATTERSON. 



No. 2. 

Head Quarters, 1st Division P- M. } 
Harrisburg, lOlh Dec 1838. \ 

His Excellejs-cy the Governor. 

Enclosed I send you a copy of the orders of the day; the original 
was given to my aid-de-camp on duty late last night, with directions 
to have them promulgated early this morning to the troops of the di- 
vision. 

I have the honor to be 

Your ob't servant. 
Signed, R. PATTERSON. 

Orders of the day, December 10, 1838, enclosed, vide "Division 
Orders," of that date. 

J. MILES, d. n. a 



No. 3. 

Head Quarters l.^f fJivision P. M.l 
Hairisburg 10th Dec 1838. S 

His Excellency the Governor. 

Sir — Another regiment of my division arrived last night, and 
were reported at Head Quarters about eleven o'clock. 

Herewith I transmit a copy of the report of the officer of the day, 
in addition to which I take pleasure in stating from my own personal 
observation, that there was tranquility during the night, and not the 
slightest impediment thrown in the vvay of the troops in discharge of 



138 

their duty. I am also gratified in being able to report to you, that, 
from information communicated to me, I believe the citizens of all 
classes will use every exertion to preserve that order which now 
exists. 

Under these favorable circumstrnces I feel it my duty to state 
that I do not consider it necessary to keep so large a body of troops 
at the seat of government, especially as my orders to the volunteers 
of my division to assemble under your requisition were obeyed with 
4he utmost promptitude, at great pecuniary sacrifices to most of them, 
believing, as they had a right to do, that I would feel a paternal re- 
gard for their interests and relieve them as soon as possible. 

I therefore take the liberty of asking permission to order a portion 
of my command to return to Philadelphia, and request that an officer 
be appointed to pay the troops and disburse the expenses on the route 
to this place and on their return to their homes, and to furnish trans- 
portation. 

I further beg leave to request, that this matter will receive your 
earliest attention, as it is very desirable that such troops as may be 
ordered home should depart soon as possible. 

I have the honor to be. 

Sir, your obedient servant. 
Signed, R. PATTERSON. 

Enclosed a copy of the report of officer of the day, dated Dec. 
10, 1838-— see "Division Reports," &c. 

J. MILES, A, B. C, 



No. 4. 

Head QuarttrSi \ 
Harrisburg, Dec. 10, 1838.5 

Sir — Your report of this morning has just been received. lam 
extremely gratified to hear that perfect tranquility prevailed during 
the night, and that your observation of the state of public feeling 
here enables you to make such a favorable statement. 

Your command was ordered here to ensure the independant ac- 
tion of the legislative bodies, and to protect them from a recurrence 
of the disturbance and intimidation that existed before your arrival. 
It is far from my desire to retain a military force in the state capitol, 
a moment after the necessity for its presence has ceased to exist. . F 
will accordingly consult with the members of the legislature on the 
subject, and if they concur with you in believing that a part of your , 
command may be dispensed with, with safety, I shall gladly issue I 
the necessary order. In the meantime, all the proper measures for J 
the payment of the troops, and for their transportation to their homes, 1 
when they can be safely dispensed with, will be taken according to 
iaw, and with as little delay as practicable. 



139 

I send you a newspaper slip, published this morning, containing 
the proceedings of a meeting in Berks county, which should be 
known to you in forming nn estimate of the true situation of things ; 
and desire you to report to me, with as little delay as possible, the 
whole force nov/ at your command in Harrisburg, and the number of 
men, with which you, as an officer and -citizen of Pennsylvania, will 
undertake to preserve the public peace at Harrisburg. 

Signed, -JUS. mTNER. 

By the Governor and commander in chief. 
Thos. H. Burrowes, Aid-de-camp. 

Addressed — Maj. Gen. Robert Patterson, 

Wilson's Hotel, Harrisburgo 



No. 5, 

Head Quarters \st Division^ P, M. 
HairisburgDec. 10. 1838 

His Excellency the Governor. 

Sir — Your letter of this instant acknowledging my report of 
tkis morning, has been duly received with the enclosures. 

The force now under my command, subject to military law and 
to my orders, as well of course as by their discipline, appears bv 
the division returns of one of my aids, a copy of which is annexed. 

Ill regard to the latter part of your letter,, in which I am desired to 
state "as an officer and citizen of Pennsylvania," the number of men 
with which I will "undertake to preserve the public peace at Harris- 
burg," I beg leave to reply, that my official station at present under 
the constitution and laws, is a military one. In that capacity I am 
subject to the orders of the -commander in chief and ready to quell an 
insurrection. Allow me respectfully to state, that mere violations of 
the "public peace," should be prevented or punished by the civil au- 
thorities, and until it is ascertained that they are unable to accom- 
plish those objects, the military should not be called on to perform 
that duty. It is hardly necessary to say, that as commanding officer 
of the division, I shall meet all questions in the line of duty with 
promptness. 

My force will probably be increased to night by arrivals, and be- 
lieving, as far as it can now be ascertained, that it is already unne- 
cessarily large for the duty which I may in any emergency be re- 
quired to perform, allow me to reiterate my request of this morning 
in relation to dispatching a portion to their homes. 
I have the honor to be 

Your ob't servant, 
Signed, R. PATTERSON. 

Enclosed a copy of the division return of December 10, 1838^ 
vide "Division and Brigade Reports" of that date. 

J. MILES, A. D. €. 



ito 



No. 6. 

Head Quarters 1st .Division^ P. M. 
Harrisburg, 11 Dec.J838. 

'His Excellency the GovernoSo 

SiK— I have received the orders of this morning appointing Go!. 
Pleasonton of the Artillery, Assistant Adjutant General, and a verbal 
order, through that officer, to attend immediately at Head Quarters, • 
in obedience to which I am here. 

Your excellency has a right to take any officer or soldier of my 
tiommand for any military duty, but I respectfully request, that v/heii 
it can be done, other persons than those under my command, be se- 
lected to perform the duties of your staff. In the present instance I 
am seriously injured by having the commanding officer of my artil- 
lery taken from his proper station, and placed in an inferior station 
in point of rank, to perform a duty merely ministerial, and compel- 
ling me at a critiu'al moment to make new arrangements with an en- 
tire regiment. 

I have the honor to be, 

Sir, your ob't servant, 
Signed, R. PATTERSON. 

{^Delivered to the Governor at his quarters in presence of General 
Patterson by J. MU,ES, Aid-de'Camp.'] 



No. 7. 

Head Quarters 1st Division P. M. 
Harrisburg 12th Dec. 1838. 

H-is Excellency the Governor, 

Sir — Herewith I send you a copy of the report of the officer 
of the day. I have seen nothing to change my opinion of the aspect 
of affairs here, since my report of the lOth instant. The town is 
tranquil— the citizens are from all appearances perfectly ^uiet and 
orderly. I therefore consider it my duty as senior officer, to request 
your excellency to issue an order directing me to march my com- 
mand to Philadelphia, there to be dismissed, I am induced to bo 
the more urgent in this matter, because my men were ordered here 
at very short notice, and had not time to provide themselves with 
articles of clothing necessary to preserve their health. I would not 
ask to be relieved, if there was any duty to perform ; but I believe 
the presence of so large a body of armed men at the seat of govern- 
ment is calculated to attract an immense concourse of people with 
excited feelings, from the surrounding country, probably to produce 
the very state of things which does not now exist, and which should 
not be invited for the reason stated. 



141 

The reasons assigned for ordering ns here, have ceased to exisg.— 
The senate have met regularly, without iuterruplion, as I am inform" 
ed, and there is no "insurrection" to quell, i respectfully request 
your immediate attention to this, and have the honor t© be very re- 
spectfully, 

Your obedient servant. 

Signed, R. PATTERSON. 

Enclosed a copy of report of officer of the day, dated December 
11, 1838~-See "Division Reports, etc." 

J. MILES, A. D, a 



No. 8. 

Head Quarters 1st Division P. 31, 
Harrisburg, Dec. 12, 1838. 

Gen. Robert Patterson, 1st Division, P. M. 

Sir— Your communication of this date covering the report of 
the officer of the day, has been received. I am pleased to learn from 
it that quiet prevails. 

I desire to confer with you personally, so as to ascertain what part 
of the troops should be first returned to their homes to-morrow morn- 
ing by the rail-road, and will then issue the necessary order, 

I wish it to be understood that the artillery shall not be among- 
those first marched to Philadelphia. 

Signed, JOS. RITNER.- 

By the Governor and Commander in chief. 

Tho. H-. BuRRowES', Aid-de-camp, 



No. 9, 

Head Quarters tst Division P, 3£- - 
Harrisburg, 13th Dec. 1838. 

His Excellency the Governor. 

Sir— I have the honor to report that the town continues tran- 
quil. In obedience to general order No. 2, I have ordered the sec- 
ond brigade of my division to march to Philadelphia. This brigade 
left here at 11 o'clock this morning, I have also ordered "the Brig- 
adier General commanding it, to direct the officers and men of the 
volunteer troops composing it, to hold themselves in leadiness for 
immediate service at a moment's warning." 



The blankets and other property of the commonwealth receiveil^ 
fey the detached troops since their arrival in this place, have been, by 
my oriler, turned over to the commissary of supplies, and J have di» 
rected.this officer, to take charge of them. 

Vfiry respectfully, 

Your ob't servant, 

R. PATTERSON. 



No. la 

Head Quarters, 1st Division, P. M. 
Harrisbttrg, 14th Dec. 1838. 

Mis Excellency THE Goveeiso«.- 

Sir^-enclf'sed I send you a copy of the report of the officer of the 
d^y. The tranquility of the day had remainedumdisturbed since my 
report of the 12th, to which, I respectfully beg leave to refer youf- 
Excellency. The reasons that compel me again to ask that my 
command may be ordered home, are becoming every day more- ur- 
gent. No division of stato troops in the Union will obey orders, and 
'eave their homes with more promptitude, or at a greater sacrifice of 
eomfort and interest. I have with me, lawyers whose practice and 
the interest of clients is suffering— merchants with heavy engage- 
ments to meet, sad immense pecuniary arrangements to superintend^ 
which require the influence and directing head of. the principal — 
master mechanics with numerous journeymen unemployed, whose 
families depend on their daily wages for maintenance. I could go- 
on and enumerate until every interest and every class in Philadel- 
phia would be embraced in the recapitulation. These men rallied 
under my call, without hesitation, n>ot having time to give directions 
for the management of their affairs and believing- they would be al- 
lowed to return to their homes, when order was restored at the seat 
of government. Few of them have brought any apparel, except 
what they had on when they marched•^— 1 believe there is not a trunk 
with the division, except the one used for the papers of the staff. 
For these reasons and those assigned in my letter of the 12th, I 
again, inquest your excellency to issue an order directing me to 
march; my command to Philadelphia* The troops can there be held 
subject to- orders, and should their services be^ needed, under any 
emergency, there will be no difficulty in bringing an ample force to 
the seat of Government, in twenty four hours after I receive orders? 
provided notice is given to the proper officers in charge of the rail 
road, to have a sufficiency of motive power at Philadelphia subject 
to my order, I am constrained to say, that I do not apprehend any 
such contingency. The town of Harrisburg is now in a state of 
entire repose, and will, I think, remain so, unless the troops are 
kept here, and create jealousy, and induce, what we are all so anx» 



to avert, a collision between the citizens and the military. No hodj 
of men, however lawless and reckless, will dare to interfere with the. 
administration of the law, and the regjular course of action of the 
legislature, when they know that the civil authorities will be prompt- 
ly sustained by the military, and that well disciplined troops can bsr 
brought here in twelve hours. 

I have the honor to be, sir, 

Your obedient servant, 
signed R. PATTERSON. 

Encl©sed a copy of the report of officer of the day, 14th inst., se^ 
"Division reports." 

J. MILES, w2. z>. a 



GENERAL AND SPECIAL ORDERS OF THE GOVERNOR. 
AND. COMMANDER-IN-CHIEF. 

No. U 

Head Quarters. > 
Harrisburg, Bfec. 5th, 1838. >, 

1^ Maj. Gen. Robert Patterson, commanding 1st division P. Mo 

Sir — Having received information of an insurrection having been 
raised by a body of men who invaded the senate chamber yesterday 
evening during the session, of that body, and by lawless violence and 
threats of personal injury to the members, and bloodshed, disturbed 
the senate and prevented it from proceeding with its deliberations, 
and compelled the members to disperse. 

Having also been informed that the same body of men have ori- 
gan ized themselves and resolved to compel the senate to adopt their 
will a» their rule of action* I am compelled to order and reQuire- 
you forth withj to call out from your command, a fo-rce sujBicient t© 
quell this insurrection, and march them immediately away to the 
seat of government. I have hereby appointed Col. John L. Woolf:, 
my aid, to bear this order and give his aid for its execution, 

The ofiicers of the rail road are requested to aid youwith the means.^ 
®f transportation. 

I am sir, with great respecti 

l^our obedient servant, 

signed JOSEPH RITNEU^ 



No. 2. 

Head Quarters, > 
Harrisburg, Dec. 7, 1838-5 

ToMaj. Gen. Robert Patterson: 

Sir — ,1 have just been informed, by a letter from the Attorney 
General, dated 6th inst., that you have promptly complied with my 
order of the 5th. 

When you arrive at this place with your command, march at once 
to the state arsenal, near the capitol, and take possession of the ar- 
senal, which you will retain till further orders. On taking possession 
of the arsenal, you v/ill immediately inform me thereof, and shall then 
receive further orders for the regulation of your conduct. 

signed JOSEPH RITNER. 

By the Governor and commander-in-chief. 

Tho. H. Burrowes, SeC' of the Coin, and aid on duty. 
Addressed— To Maj. Gen. Robert Patterson, Philadelphia. 
Fer Mr. Beatty, 



No. 3. 

Head Quarters^ | 
Harrisburg, Dec. 8, 18-38. ^■ 

To Maj. Gen/RoBERT Patterson, of the 1st div. P. M, 

Sir—Ha^^'-ig arrived at this place, and secured the state arsenal 
by a sufi' \. ^ guard; as directed by my order of yesterday, you will 
place the- ...dnder of your men in the quarters provided for them 
by William' Allison Esq., appointed for that purpose, paying atten- 
tion both to their comfort and the accomplishment of the object of 
their presence here. Mr. Allison has also been directed to provide 
subsistence for your command, and will do so during your contin- 
uance in Harrisburg. The object of your presence here being ex- 
clusively that of preventing violence and bloodshed, you are strictly 
ordered not to permit your men to fire or use their weapons, except 
for the maintenance of ^the public peace, after all other means shall 
have failed, or in necessary self defence. 

signed JOSEPH RITNER. 

By the Governor and Goramander-in-chief. 
Tho. H. Burrowes, £id-df-camp, <^c. 

Addressed— Mai. Gen. Robert Patterson. 



145 

No. 4. 

Head Quarter^j 
Harrisbnrg, Dec. 10, 1838. 

ij. Gen. Robert Patterson of the Lst Division, P. M. 
Sir — During the continuance of your command in Harrisbnrg 
you will permit no officer or private in uniform or armed to enter 
within the enclosure in which the state capitol stands,* without a re- 
quest from the legislature, or either branch of it regularly communi- 
cated to you, in which case you will furnish such guard as the re- 
quest may designate. 

You will also, whenever requested by any of the competent civil 
authorities of the place, without further orders, detail a sufficient 
force to quell any disturbance that may elsewhere arise, should such 
disturbance unfortunately take place, 

Signed, JOS, RITNER» 

By the Governor and commander in chief, 
Tho. H. Burrowes, Aid~d€'camp, 
' (Addressed,) To Maj. Gen. Robert Patterson, 

Wilson's Hotel, 

Harrishur^y Penn^ 



No. 5, 

Head Quarters^ Harrisburg^ 
10 o'clock, 10th Dec. 1838, 
To Maj. Gen. R. Patterson, 

1st Division F, M» n 

Sir— Adjutant Gen. W. Piper of the Pennsylvai .. jilitia, has 
arrived at Head Quarters. You will report yourself to Gen. Piper? 
and hereafter receive orders from him. 

Signed, JOS. RITNER. 



No. 6, 

Executive Chamber, 
Harrisburg Dec. 11 1838, 



The Governor of the commonwealth has appointed Col. A. J, 

Pleasontoe, of the first regiment of volunteer artilleryj Assistast 



* Received by the Major General after his orders oi the day forbidding any of his 
command to enter within the same enclosure vs^ithout condition — See "Division 
Orders." J. MILES, A. D, C. 



Adjistant General of the state. He will be obeyed and respected ; 
eordmgiy. 

Signed, JOS. RITNER, 

By order of the Governor, 

William Piper, AcVt Gen. of Penn, 

Qw SERVICE, 

Addressed— Maj. Gen. Robert Patterson, 

Commanding 1st Division, P. M. 
Wilson's Hotel, 

Harrisburgf Berm^- 



Heab Quarters, HARRissuEtSo 
December nth, 1838. 

By virtue of the authority vested in me, as Governor of this com- 
maonvvealth, by the third paragraph of ihe sixty-third section of the 
acts of assembly, of the 2nd of April, 1822, entitled, *'An act for 
the regulation of the railiiia of this commonwealth." I do hereby 
appoint Colonel A. J. Pleasonton, of the 1st regiment of volunteer 
artillery, of Pennsylvania, to be acting paymaster general, and dis- 
bursing officer, for the volunteer troops called into service by my order 
of the 5th inst., to Major General Robert Patterson, 1st division, 
P. M. 

Signed JOSEPH. RITNER, 

By the Governor and commander in chief. 

Thomas i "^wURRowESg. 

Secretary of the Commonwealth^ and aid-de-camp^ 



No, 8. 

Adjutant GeneraPs office^ 
liarrisburgj Dec. 12th, 1838. 

General Order^ ^ In consequence of the serious inconveniencej. 
No. 2. I which the prompt and patriotic obedience of the 

volunteer troops, now in service at this capital, to the order of his 
excellency, the commander in chief, calling them into service, has 
occasioned to many of them in suddenly and without preparation, 
leaving their business and families. The commander-in-chief, in 
order to relieve as many of the gallant volunteers who have hastened 
to obey their orders, from these embarrassing situations, as the safety 
of the capital and the preservatioia of order will permit, hereby directs 



147 

that the major general of the 1st division P. M. cause one of his bri- 
gades to commence mirch to Philadelphia to-morrow. 

The major general will take care that in detaching one of his brig- 
ades, he does not reduce the effective strength of his command below 
five hundred and fifty rank and file. 

Suitable transportation will be furnished by the proper officers, and 
timely notice will be given to the commanding general of the starling 
of the train. 

It is also directed that the ammunition which has been furnished to 
the troops, whom the major general under this order may relieve from 
duty at this place, be turned over to the division quarter master with 
the troops at this place, and by him will be placed in reserve, witb 
such othei' ammunition, as the major general has in his possession. 

On the arrival of the detached brigade at the city of Philadelphia,, 
the brigadier general commandmg it will direct the officers and meo 
of the volunteer troops composing it, to hold themselves in readiness 
for immediate service at a moment's warning. The alacrity with 
which all the volunteer troops of the 1st division, have hurried to the 
support of the constitution and the laws, on this occasion, is a certain 
guarantee that should their services be again needed, there will be no 
hesitation on their part in again standing up in support of the com- 
monwealth. 

A. J. PLEASONTON, 

Col and AssisH Adft Gen, 
On service. 

Addressed-=-For Maj. Gen. R. Patterson j \st Division F. M. 

Wilson's Hotel 



No. 9. 

Adjutant Geneeal's Office, 
Harrisburg, December 13, 1838. 

General Order! The commander in chief directs the major 
No. 3. 5 general commanding to take such measures as 

may be necessary for the removal of those tfoops who are now quar^ 
tared in the F».egisters office, and in the office of the commissioners, at 
the court house, into other quarters which may be equally comforta- 
ble and convenient. The urgent business of many of the citizens at 
hese respective offices calls for the removal of these troops into other 
quarters as early in the morning, to-morrow after breakfast, as possiblCe 
By order of the commander in chief, 

A. J. PLEAS ANTON, Col and JIsU Adj. Gen, 
To Maj. Geo. R. Patterson, 1st. Div. P. M 

On service. 

Addressed— For Maj. Geo. R, Pattebson, Istdiv, P. M« 



148 



No. 10. 

Adjutant General's Offics. 
Harrisburg, December 13, 1838. 

General Order, } Captain Wm. Bradford, brigade quarter mas- 
iVo. 4. \ ter, 1st. brigade 1st division Pennsylvania mili- 

tia, having been appointed quarter master general of the state by his 
excellency the commander-in-chief, and wil( be obeyed and respected' 
accordingly. The quarter master general will cause muslin shirts and 
shoes to be issued to such of the men, now in service as may be re- 
<^uired for their comfort and the preservation of their health. 

The issue will be made only after an inspection of the condition 
of the shirts and shoes now worn by the men, and upon a certificate 
of the regimental surgeon that the health of the men cannot be pre- 
served, without the delivery of the said articleso 

By order of the commander in chief, 

A. J, PLEASANTON, Col and AsL Adj. Gen,.. 

On service. 

Addressed"— For Maj. Geo. R. Pattesson^ Isto div. P. M, 

Head Quarters^ Wilson's Hotel. 



Head Quarters, Hakrisbfro, 
December 15, 1838, 9 o'clock, P. M. 



', jLt»t»i^j ■sr ^' li^ivon., 



Maj. Gen. R. Patterson, 1st div, P. M. 

Sir:— Your report and communication of yesterday were duly re- 
ceived, but have not been replied to till the present moment, because I 
am only at this instant informed by the speaker of the Senate and one 
efthe bodies claiming to be the House oi Representatives, of their 
views on the propriety of withdrawing the Enilitary force now al this, 
place. It was for the protection of the Legisbtive bodies, that your 
command was ordered into service. I could ool therefore feel safe in 
delivering you from the unpleasant but highly responsible position in 
which you are placed, without their consent expressly given. It is 
however, with pleasure that I am now enabled to inSorm you that a 
majority of the members o( the Legislature have announced to me, 
through their speakers, that they do not conceive the further contin- 
wance of your command indispensable to the object for which you 
were ordered to this place. You will, therefore march your fores to 
Philadelphia with as little delay as practicable^ either io two divisions on 
different days, or in one, as may seem to you. most proper and coove- 
nient» 



149 

You will also hold your command, after it shall have reached Phil- 
adelphia, in readiness to march to Harrisburg at an hours notice when 
ever it shall receive orders to that effect. 

(Signed) JOS. RITNER. 

By the governor and commander in chief 

(Signed) THO. H. BURROWES, Aid de Camp. 

Addressed— Maj. Gen. R. Patterson, &;c. 



No. 12. 

Adjutant General's Office 
Harrisburg, December 15, 1838, 

General Order, 7 A majority of the members of the Legisla- 
Ho. 5. 5 ture having announced to the Governor of this 

commonwealth, through their speakeis, that they do not conceive the 
further continuance of the volunteer troops now stationed here, to be 
indispensable to the object for which they have been ordered to ihe 
seat of government, viz : the protection of the legislative bodies from 
the lawless violence of reckless disorganizers. The commander in 
chief hereby directs the Major General commanding to commence his 
march with the troops remaming here for the city of Philadelphia, oa 
to-morrow, at such hour as the convenience of the troops and a due 
regard to the security and preservation of the public property entrust- 
ed to their charge may require. The commanding general will cause 
the public property vvhich it is not deemed expedient to carry with the 
troops, to be turned over to the quarter master general, and such am- 
muaition as may have been supplied to the troops, with the exceptioiit 
of the fixed ammunition in charge of the regiment of artillery, to bo 
d^livered into the possession of the brigade quarter master, who will 
^irnish transportation therefor to Philadelphia. 

On the anival of the 1st brigade of the 1st division Pennsylvania 
militia at Philadelphia, the commanding general will not muster the 
troops of his division out of service, but will order all the officers with 
their respective commands who have been mustered into service, un- 
der the orders of the commander in chief, to hold themselves in rea- 
diness to march to Harrisburg at an hours notice, whenever the com- 
mander in chief shall issue orders to that effect. Maj. Gen. Patterson 
will, in accordance with these mstructions, take such measures for 
obeying the order of the commander in chief, and for carrying info full 
execution, on its reception, with the least possible delay as the nature 
of the case will allow. 

The division returns will be made daily to the adjutant generaP:^ 
office in Philadelphia, at such time as the assistant adjutant genera* 
may appoint, as long as the troops shall be continued in service ; and 
all communications to the commander in chiel, in connection with the 
troops m service will be made through the same officer. 



150 

The Major General, will order such details of duty to the troops, 
as he may ihink necessary for the inaprovement of their discipline 
and their expeditious return to llie seat of Governnnient, should their 
services be required. 

The Quarternnaster General will furnish transportation and quar- 
ters and provisions for the troops, on their route. 

By order of the conamander-in-chief. 

signed A. J. PLEASONTON, 

Col. and assist, adjt. general. 

Adjt. General's Office — on service. 

Addressed— For Maj, Gen. R. Patterson, 1st div. P. M. 

Harrisburg, Peon'ao 



No. 13. 

Adjutant Ge?cehal's Office, 
Harrisburg, December 15lh, 1838. 

General Order, \ His excellency the Governor, and Comman- 
No. 6. S der-in-chief, in directing the return to their hemes 

of the gallant and patriotic troops, who have repaired to the seat of 
government of the commonwealth, for the purpose of securing to the 
legislative bodies of the state the tranquil and uninterrupted perfor- 
mance of their official duties, and upholding the constitution and laws 
cannot permit their departure, without tendering to them, as citizens 
and as soldiers, his warm acknowledgments for the alacrity they 
displayed, at so momentous a crisis. 

The troops have been called into service, on the requisition»or the 
senate of the state, communicated through its speaker, to the gover- 
nor of the commonwealth, for efficient protection, against an organ- 
ized body of men, regardless of the constitution and laws, who had 
attempted to intimidate and overawe that body. 

The Governor has not felt himself authorized under the peculiar 
circumstances of the case to remove the troops from Harrisburg, until 
be should receive from the senate official notice that the senate frory^ 
ihe change of circumstances and the moral effect produced upon thu 
disorganizers, by the presence of the troops, no longer apprehended a 
renewal of the scenes of violence and outrage recently enacted in the 
legislative chamber of that body. The senate having expressed that 
opinion late on this evening, his excellency, the commander-in-chief 
does not hesitate to direct the return of the troops to Philadelphia. 

In removing the troops thus, from the seat of government, the com- 
mander-in-chief, repeats his injunction to the officers and men to hold 
ihemselves in readiness, till regularly mustered out of service, to 
mareh at a moment's notice to Harrisburg, in case a repetition of the 



Wl 

late violence and resistance to the constitution and laws, should in its 
recurrence require the iaterposition of a military force. 

His excellency, the commander-in-chief regrets extremely that the 
peculiar situation of public afiairs, since the troops have been quarter- 
ed here, has prevented ihe commander-in-chieffrom having the troops 
presented to him by their proper officers. His excellency desires the 
troops to understand that a review of the troops would have been or- 
dered by the commander-in-chief, but it it was his anxious desire to 
avoid any proceeding, which, in the extremely delicate position of 
public affairs here might be calculated to produce any excitement in 
the public mind— and his excellency was apprehensive, that, any mil- 
itary cerenraonial, however proper in itself, might be construed difier- 
ently to its intention, and disadvantageously to the public weal. 

The commander-in-chief, in taking leave for the present of the 
troops of the first division, P. M. tenders anew his thanks for their 
promptitude and patriotism, and expresses his high satisfaction with 
their deportment as citizens and soldiers, since they have been in the 
public service. 

By order of the commander-in-chief. 

Signed, A, J. PLEASONTON, 

Col. and Asst. Adjt, Geric 

Adjt. General's office— oh service, 
Addressed— To Maj. Gen. R, Patterson, 1st div. P. iM, 

Harrisbugc 



No. 14. 

Adjutant General's Office, 
Harrisburg, December 16, 1838. 

General Order^ } The Major General will cause 2000 musket 
No. 7. > cartridges to be left at the arsenal in charge of 

ihe keeper of the arsenal, for such service as may be required. 

By order of the commander-in-chief. 

Signed, A. J. PLEASONTON, 

Col. and Assist. A(^jt. Gen. 

^Received too late while the Division was on the march. 

J. MILES, Md-dC'Camp.^ 
Adjt. General^s Office— on service. 

Addressed — ForMaj. Gen. R. Patterson, 1st div. P. M. 

Harrisbdigo. 



W2 



No. 15. 



Adjutant General^s Office, 

Philadelphia, Dec. 26th, 1838. 

General order,} The Governor and Commander-in-chief directs 
No. 8. ^ that the troops, lately mustered into the service of 

the state by Major General Robert Patterson, under the order of the 
commander-in-chief, be discharged from farther service. According- 
ly, Major General Patterson will take the necessary measures to have 
them regularly mustered, and immediately thereupon, dismissed. 

Brigadier Generals commanding brigades in service, will cause to 
s^ furnished to this office, without delay, copies of the muster rolls of 
the troops and companies properly authenticated, in order that the 
necessary payrolls may be prepared as soon as possible. 

All military stores, the property of the state issued for the late 
exigency to the troops, will be turned into the state arsenal, in this 
place, and proper receipts therefor given by Brigade Inspector, Baker, 
who has the charge of that Arsenal. 

By command of the Governor and Commander-in-chief. 

Signed, A. J. PLEA SONTON, 

CoL and *dssist, Adji» Gen.. 



DIVISION, GENERAL, AND SPECIAL ORDERS. 

No. 1. 

Head Quarters, 1st. Diaision, P. M. 
Philadelphia Dec, 7th, 1838. 

The Governor of the commonwealth, in his character of comman- 
der-in-chief, having issued his order, according to the constitution and 
laws, requiring me forthwith to call out from my command, and im- 
mediately march to the seat of government, a force sufficient to quell 
an insurrection, which he " has been informed, has been raised by a 
body of men, who invaded the Senate chamber on the 4th instant, 
during the session of that body, and by lawless violence, and threats 
of personal injury to the members and bloodshed, disturbed the Senate, 
and prevented it from proceeding with its deliberations, and compelled 
the members to disperse : and further, that the same body of men 
have organized themselves, and resolved to compel the Senate to 
adopt their will, as their rule of action." Now, in compliance with 
the said requisition, the volunteers of the first division, will assemble 
in winter uniform, with knapsacks, provided with thirteen rounds of 
buckshot cartridge, and seventeen rounds of ball cartridges, in Broad 
j^treet, South of Market street, to-morrow (Saturday) at seven o'clock 
A. M. precisely. 



153 

The Major General, need make no other appeal to the patriotism 
of the volunteers of the division, than to remind them, that it is the 
highest privilege, as it is one of the most important duties of the cit- 
zen soldier, to sustain the civil authority, whenever the emergency 
occurs, which renders necessary a resort to armed force. The spirit 
of order, and a sacred regard for the regular action of the Vaws, un- 
der which alone can our liberties be preserved, demand that the spirit 
of misrule, must be instantly, energelically and effectually suppressed. 

Brigadier Generals Goodwin and Prevost, will take immediate 
measures within their respective brigades, to carry this order into full 
effect. 

The officers of the rail-road have been required to aid with the 
means of transportation. 

By command of 

Maj. Gen. R. PATTERSON. 
(Signed) John Miles, j^ id- de-camp. 



No. 2. 

Head Quarters, Isr Division, P. M. 

Philadelphia, Dec. 7, 1838. 

Orders. 

To Col. A. J. Pleasontgn, 

1st Reg. Vol. Artillery, etc. 

Philadelphia. 

Sir — You will proceed immediately to the United States Arsenal 
at Frankford, and receive the ammunition furnished agreeably to the 
requisition of his excellency the Governor and commander-in-chief, 
and which will be delivered to you by Col. John L. Woolf. aid-de- 
camp to the Governor. On receiving the ammunition you will re- 
turn to this city and cause it to be stored in the state arsenal in Juni- 
per street, preparatory (o its being issued to the troops before commen- 
cing their march to Harrisburg to-morrow morning agreeably to 
orders. 

By command of MAJ. GEN. PATTERSON. 

John Miles, Md-de-camp, 

No. 3. 

Head Quarters, 1st Division, P. M. 
Lancaster, December 9lh, 1838. 

ORDER OF THE DA Ye 

The division will form west of the court house, at half past seven 
A. M. and take position in the ears immediately. 



154 

The troops are reminded, that they are now m the service of the 
-state, and are governed bv the articles of war, the same rules and reg- 
ulations which govern the army of the United States. 

The JVlajor General is conscious, that the volunteers under his 
command, have too much soldierly leeling, and too high a sense of 
what is due to themselves, and the place they came from, to render 
it necessary to remind them, that the strictest subordination will be 
required, and that any infraction of order, will be promptly noticed. 

The Major General earnestly requests the troops of the division to 
carefully abstain from all political discussion, or from doing or paying 
any thing calculated to produce unpleasant feelings, or collision with 
citizens. A soldier belongs to no party. 

The men will recollect that this is the Sabbath, and that although 
we are obliged to march on this day, yet a just regard for the feelings 
of others, as well as our duty to ourselves, require that the most pei- 
feet order and decorum be observed. 

Gen. Prevost is appointed officer of the day— captain Childs offi- 
cer of the guard. 

Bv order of 

Maj. Gen. PATTERSONo 

Bigned Samuel J, Henderson, Sid-de-camp. 



No. 4. 
Head Quarters 1st Division P. M. 

December 10, 1838. 
<jen. Goodwin 2nd brigade 1st Division P. M. 

Orders ) The Major General requires a return forthwith of the 
No. 2. ^ force under your command, including the description of 
forre and names of companies. 

By command. 

Signed, JOHN MILES, Aid-de-camp. 

N. B. — If any of your companies are in private quarters, repoi^ 
them forthwith. 



No. 5. 

Head Quarters 1st Division P. M. 

Harrisburg, 1 0th December, 1838. 

051DERS OF THE DAY. 

The division having arrived at the seat of government, has been 
reported to the commander-in-chief, and awaits further orders. The 
troops will remain quietly in quarters, except when on duty. The 
repose of the town must not be disturbed hy unnecessary beating of 
drums. And all officers and soldiers, while in uniform or with arms, 
are expressly forbid entering the halls of the capitol, the public offices 
•or the grounds within the enclosure. 



155 

The military will be held in strict subordination to the civil au- 
thorities. 

General Prevost will detail one company for guard duty at the ai- 
senal. The guard now on duty will be relieved at 9 o'clock ' 

Colonel Kenderlon Smith will report his regiment for duty to Brig- 
adier general Goodwin. 

Officer of the day Gen. Goodwin. 
Officer of the guard Lieut. Bentsill. 
By command of 

Maj. Gen. PATTERSON. 
.Signed, Sam'l J. Henderson, jlid-de-camp. 



No. 6^ 

t Head Quarters 1st Division P. M. 

December 11, 1838. 
orders of the day. 
The arms and ammunition will be carefully inspected in quarters 
by the commander of companies, under the superintendence of the 
colonels, and subsequently by the generals of brigade, who will report 
to Head Quarters. The Major General reiterates a part of the order 
oi the day for yesterday, "that all officers and soldiers in uniform, or 
with arms, are expressly forbid to enter the enclosure containing the 
public buildings." The Brigade Majors will hereafter attend every 
morning at 8 o'clock at Head Quarters to receive the order of the 
day. 

The first city Troop is detailed for special service. Capt. Hart will 
report forthwith at head quarters for orders. 

The Union Fencibles will be detained for guard duty. 
Col. CHILDS, officer of the day. 
Capt. LEE, officer of the Guard. 
By command. 
Signed JOHN MILES, Md-de-camp. 

No. 7. 

Head Quarters 1st Division, P. M. 

Harrisburg, Dec, 11th, 1838. 

Division order > The Major General has under his command, a 
No.7. 3 force sufficient for the emergency, stated b}' the 

Governor and commander-in-chief, in his special order and requisi- 
of the 5th instant. He therefore directs that no more of the troopa 
of the division leave their homes under the general order of the 7 th 
instant. 

By command. 
Signed. JOHN MILES, Aid-de-camp. 



156 

No. 8. 

Head Quarters 1st div. P. M„ 
Harrisburg, Dec. 11, 1838. 

Order I The division hospital is now open and ready for the re- 
No. 43 ception of the sick. Major Allison will appoint such per 
sons as may be necessary (not being soldiers in service) to take 
•charge of the stores and attend to the sick. Dr. Thomas F. Betton 
4ias charge of the hospital. 

By command, 

Signed, JOHN MILES, Aid-de-camp. 



No. 9. 

Head Quarters 1st div. P. M, 
Harrisburg, Dec. 12, 1838. 

Orders of the Day, 

The first and second companies of German Washington Guards 
will be detailed for guard duty. 

Officer of the day. Col. K. SMITH. 

Officer of the guard, Capt. PARSMAN. 

By command of Maj. Gen. Patterson. 

signed JOHN MILES, Aid-de-camp. 

No. 10. 

Head Quarters 1st mv, P. M. 
Harrisburg, Dec. 12, 1838. 

After orders of the Bay. 

Captain Peter Fritz, will relieve Col. Kenderton Smith, as officer 01 
the day. 

By command. 

Signed, JOHN MILES, Aid-de-camp. 

No. 11. 

Head Quarters. 1st Division, P. M. 

Harrisburg, Dec. 12, 1838. 

Order, } Captain Bradford, is appointed Division Quarter Mas- 
No. 5. ^ ter, pro. ttm. He will report to the Aid-de-camp on duly 
for instructions. 

By Command, 

Signed, JOHN MILES, Aid-de-camp> 



15-7 

No. 12. 

Head Quarters, 1st Division, P. Mo 
Harrisburg, 13th Dec. 1838, 

Order of the ) In obedience to the orders of his excellency the- 
Day. ^ Governor and Commander-in-chief, the second Bri- 

gade, under Brigadier General Goodwin, will parade at nine o'clock, 
A. M., and commence its march for Philadelphia. The promptness- 
with which it responded to the orders of its commanding officer, i& 
duly appreciated by the Major General. 

Brigadier General Goodwin, will cause the ammunition which has- 
been furnished to the troops of his Brigade, to be delivered to the divi- 
sion quarter master, who wilT place it with that of the division now 
in the arsenal.. 

it is the order of the Governor and Commander-in-chief, that " oa 
the arrival of the detached brigade, at the city of Philadelphia, the 
Krigadier General commanding it, will direct the officers and men of. 
Uje volunteer troops composmg it to hold themselves in readiness for 
immediate service at a moments warning." 

Transportation and provision will be furnished by the proper offi- 
oers. The blankets and other property of the commonwealth, receiv- 
esd by the detached troops since their arrival in this place, will be 
turned over to the commissary of supplies. 

The first brigade will parade at nine o'clock, and escort the second 
to the cars. The first will remam at the seat of Government, await- 
ing further orders. The Major General is confident, that the same 
orderly and decorous conduct, for which this brigade is and always 
has been distinguished, will continue to be a chardcteristic of its mem- 
bers. 

The State Fencibles will be detailed for guard duty. 
Col. PAGE, officer of the day. 
Lieutenant GOLDEY, officer of the guard. 
By command of Major General PATTERSON. 
Signed John. Miles, Jiid-de-camp, 



No. la. 

Head Quarters, 1st divisioOj P. M, 
Harrisburg, 14th Dec. 1838. 

ORDERS OP THE DAY. 

The State Artillery will be detailed for Guard duty. 

Lieut. Colonel KOEHLER, officer of the day. 
Capt. BUMM, officer of the Guard. 
By command Major Gen, ROBERT PATTERSON, 
Sigaed Samuel J. Henderson, Aid-de-camp^ on duty» 



158 



No, 14 

Head Quarters, 1st div, P. M. 
Ilarrisburg, Dec. 15, 1838. 

Orders of the Bay. 

The Junior Artillerists and La Fayette Artillery, will be detailed for 
gaard duty, 

Lieut. Col. MURPHY, officer of the day. 

Capt. BARGER, officer of tfie guard. 

By command of Major Gen. Pattersooo 

Signed, SAM'L Je HENDERSON, Aid-de-camp, on duty. 



No. 15, 

Head Quarters, 1st biv. P. M. 
Harrisburg,Dec. 16, 1838. 

©RDERS OF THE DAY. 

The Major General announces to the troops, that he has obtained 
permission from his excellency the Governor and commander-in-chief 
to march the first brigade to Philadelphia. 

The line will be formed at 10 o'clock, A. M., and immediately af- 
ter the troops will take position in the cars. 

The ammunition with the exception of the fixed ammunition, will 
l)e turned over to the quarter master of the first Brigade. The blan* 
kets of the commonwealth, received by the troops since their arrival 
at the seat of government, will be turned over to the Quarter master. 

The captains of companies are required to be particular in this mat- 
ter. It is hardly necessary to say to the soldiers of the first Brigade, 
that the General expects that the most perfect order and decorum be 
ebserved on the route. 

Tne National Greys will be detailed for guard duty. 

Major AIKEN, officer of the day=- 

Lieut. HERRING, officer of the guard. 

By command, 
Signed JOHN MILES, Aid-dp,<amp, 



159^ 



No. 16. 

Head QuARTESs, 1st mv. P. Mc 
Lancaster, Dec. 17, 1838. 

ORDERS OF THE DAY, 

The first Brigade will take position in the cars at half past si^ 
©'^clock, A. M., precisely, to be marched la the car& in mass or b^ 
companies, at the direction of the brigadier general. 

The Washington Blues are detailed for guard duty. 

Officer of the day, Col. PLEASONTON. 

Officer of the guard, Lieut. WEEKS. 

The Commander-in-chief directs "the officers and men to hold themo 
selves in readiness, till regularly mustered out of service, to march at 
an hours notice." 

The Generals of Brigade of the division, will send to head quarters 
complete muster rolls of each company, and report the strength and 
condition of their respective brigades every Monday morning. 

The volunteer troops of the division, under the direction of Gener- 
als of Brigades, will drill at least two hours every Monday, Wednes- 
day and Friday, in the afternoon, and will drill in quarters every 
night, except Sunday. The Generals of Brigade will give such direc- 
tions to the colonels of regiments, as will enable them to communi- 
cate orders, and to assemble their respective commands on one hour'^ 
notice. 

By command of Maj, Gen, Patterson. 

Signed, JOHN MILES, Md-de-camp. 



No. ir. 

Head Quarters, 1st Division, P. M. 
Philadelphia, 24th Dec. 18S8. 

Orders.) 1 The volunteers of the division will parade with 

No. 6. 3 knapsacks and accoutrements complete on Friday the 

28lh instant-^cavalry dismounted. The line will be formed in Broad 

street. South ot High street, facing west at two o'clock,. Po M. pre- 
cisely. 

By command of 

Maj. Gen. PATTERSON. 

(Signed) John Miles, Md-de-camp^ 



No. 18. 

Head Quarters, 1st Division, P. Mo- 
Philadelphia, 27th Dec. 1838. 

General Orders, ) The volunteers of the division lately mustered^ 
A^o. 7. \ into the service of the state, in obedience to the 

special order and requisition of his excellency, the Governor and com' 
mander-in-c!iief, will parade in brigades, on Tuesday the first prox- 
imo at ten o'clock, A. M., when the rolls will be carefully examined 
and certified, and the troops mustered out of service. 

Brig-adler Generals — Prevost and Goodwin '* will cause to be fur- 
nished to the Adjutant General'^s office, without delay, copies of the 
muster rolls of the troops and companies, properly authenticated, m 
order that the necessary pay-rolls may be prepared as soon as possi- 
ble." All military stores, the property of the state, issued for the late 
service lo the troops, will be deposited in the State Arsenal, in this 
place, and receipts will be given therefor by Brigade Inspector Baker, 
who has charge of the Arsenal. The Major General renders his 
sincere acknowledgments lo the volunteers of his division, for their 
instantaneous response to his call of the 8ih instant, and for their de- 
portment individually, and as soldiers, since they have been under 
orders. He is conscious, that they were aware of the peculiar posi^ 
tion in which they were placed, and therefore, has good reason to be, 
as he isj proud of the conduct of the troops, more especially, as it evin- 
ced in so unusual a state of things, confidence in their commanding 
xjfficer. 

Perhaps no body of state troops in the Union, could have obeyed 
aa order with more promptness, or have so suddenly left their homes? 
and occupations at a greater sacrifice of interest and comfort. The 
Major General cannot, therefore, refrain from saying, that, while it is 
to be hoped in the history of our country, such a requisition emana- 
ting from a high source, may not again be thought necessary, yet the' 
recent promptness and conduct of the Philadelphia volunteers, give 
assurance, that should they ever be required in the field, in other 
positions, they will be found there, among the iifsfj disciplined and 
efficient. 

Ry command of 

Maj. Gen PATl'ERSON. 
John Mixes. Md'de'Camp<, 



16i 

SAME DAY. 

4 o'clock, P. M. 
Committee met at the call of the chairman. 
Present : Snowden, Flenniken and Roberts. 
Charles J. Ingersoll, sworn. 

According to the best of ray recollection during the day and night 
®f the election, I was at a great many places and spoke to a vast num- 
ber of persons. Daniel Jeffries may have been one of them, but I 
have no recollection of conversinsj with him. 

Question by Mr. Flenniken— Was you at the back part of the 
Commissioner's Hall, on the night of the election, between 12 and 4 
o'clock in conversation with Daniel Jeffries? 

Answer — I was not, but at home and asleep four miles off; and if 
it be meant to be insinuated that at that time, or at any other time, I 
held any conversation, suggested or advised, or was in any wise privy 
too, with any body, concerning a fraud upon the elections laws, or 
any breach of law whatever, such insinuation is utterly false and 
groundless ; I learn now for the first time that an attempt has been 
made to connect me with an alleged loss of a tally list ; I say most 
positively that I not only had nothing to do with it, but that I never 
heard of its loss until the return judges met ; Mr. Daniel Jeffries is a 
Very respectable citizen, with whom I have little or no acquaintance, 
and have had scarcely any intercourse. 

Question by Air, Snov/den — Did you ever say in a public speech 
or elsewhere, that if the people merely suspected an officer of the elec 
tion of cheating, or caught him cheating, they would have a right to 
inflict summary punishment upon him on the spot ? 

Answer — I never did, either in a public speech or private conver- 
sation, utter such a sentiment — my speech was published in the news- 
papers ; the argument was, that by analogy to jobbery, burglary, ar- 
son, murder, or any other irreparable injury which the laws allow to 
be prevented on the spot ; a person taking in the act of cheating at an 
election, might be prevented by any bystander and detained until 
process could be got for his regular prosecution, but I expressly dis- 
claimed all right of punishment. Witness in answer to a question, 
further states, that on the morning of the election he did go in the en- 
try of the commissioner's hall for the purpose of giving to one of the 
inspectors, Mr. Daniel Jeffries, the election law whiG.h I left with him, 
and that is the only lime during that day or night that I was in the 
building at all. 

C. J. INGERSOLL, 

Sworn and subscribed, June ITth, A. D. 1839, before me, 
James R. Snowden, Chairman. 
Witness discharged., 

EC, 



163 



Charles Houston, sworn. 



I eame to Harrisburg before Christmas in company with Judge Burn- 
sides ; I representing that party which it is said I belong to, and he 
representing his party, for the purpose of endeavoring to settle the 
dispute at the seat of government ; I never was consulted by letter or 
otherwise about the meeting or organization of the legislature; I re- 
ceived a letter from a man who was no officer of the government or 
ever was to my knowledge, with the exception of being in the legisla- 
ture a few years ago ; he resides in Huntmgdon county ; the question 
related to the new constitution, and the election and swearing in of the 
governor ; I think I counted them, and they contained fifteen proposi- 
tions requesting my opinion if I did not think it improper to give it ; 
one of the questions was, if objections were made to the election of the 
governor, who would be governor, ahd how long the dispute could be 
made to continue, and whether objections could not be made by one 
county after another and thus be made to last the whole three years; 
I think this was sub-divided into seven different shapes ; there were 
other questions in relation to the new constitution which I cannot now 
remember ; one question was, what condition Pennsylvania would be 
in during the contest, whether she would be under the old or new con- 
stitution; I wrote to him that a portion of his questions weie such as 
I was very sorry that any person for whom 1 had any respect, or 
wished to have any respect should put them ; and that no person who 
had any regard for law or order ever should put any such questions ; 
his other questions related to matiers that might arise under the new 
constitution, and I therefore declined answering them ; I understood 
his letter to mean a teasing opposition to the inauguration of Governor 
Porter and the proclamation made of the new constitution ^ I received 
the letter before the meeting of the legislature ; after I arose from my 
bed 1 took it and threw it into the fire ; I decline giving the name of 
the author of the letter ; I believe he is a whig or anti-mason in poli- 
tics ; I had no intimation from any human being whatever, until I saw 
it in the newspapers of any disturbance a( the seat of government in- 
tended at the opening of the legislature ; there was nothing in the let- 
ter, according to my recollection, which led me to believe there .vould 
be any disorder or disturbance at the meeting of the legislature; I 
thought it contemplated a protracted contest before committees of that 
body. 

CHARLES HOUSTON. 

Sworn and subscribed, June 17th, A. D. 1839, before me, 
James R. Sxowpen, Chairman, 



163 

John Lewis, sworfi* 

I know Petef Albright; I never tbld him that he coUM make two 
thousand dollars on the election or any sum if he would go for Mr. 
Charles J. Ingersoll for Congress. I never asked Peter Albright to 
go and see Mr. Charles J. Ingersoll ; the general character of Peter 
Allbright for veracity is bad. I knew Michael Cochran who lived in 
Southwark — 1 charged him with going to Luzerne county, and carry- 
ing naturalization papers ; he at first denied it^ I insisted he did; he 
denied filling up these naturalization papers ; said a man by the name 
of Caldwell had brought them to his room. I asked him if he did not 
mi up ihe papers ; he said yes-, that these papers were to be used lor 
about 90 hands employed on the public works in Luzerne county ; he 
further stated that he was poor and was compelled to do this or be 
discharged from his office. This Conversation took place at Mr. Hol- 
lahan's, in Philadelphia} aftef Mr. Charles Cochran's return from 
Luzerne county* 

^ JOHN LEWIS. 

Sw|J*n and subscrihed, June 17, A. D. 1839, before me, 

James R-. ^^nowden, Chairman* 

Committee adjourned sine die^ 

P. K. BOAS, Secretary. 



SAY 13 1908 



-ij- 



